II 

110TH CONGRESS 

1ST SESSION S. 1668 

To assist in providing affordable housing to those affected by the 2005 

hurricanes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2007 

Mr. DODD (for himself and Ms. LANDRIEU) introduced the following bill; 

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To assist in providing affordable housing to those affected 

by the 2005 hurricanes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Gulf Coast Housing Recovery Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Limitation on use of authorized amounts. 

TITLE I—COMMUNITY DEVELOPMENT BLOCK GRANTS 

Sec. 101. Flexibility of Federal Funds for Road Home Program. 


cnoel on PROD1PC62 with BILLS
2 

•S 1668 IS

Sec. 102. Household assistance programs funded with CDBG disaster assistance. 

Sec. 103. Community development pilot programs. 

Sec. 104. Road Home Program shortfall. 

Sec. 105. Elimination of prohibition of use for match requirement. 

Sec. 106. Reimbursement of amounts used for rental housing assistance. 

TITLE II—PUBLIC HOUSING 

Sec. 201. Survey of public housing residents. 

Sec. 202. Housing for previous residents of public housing. 

Sec. 203. Replacement of public housing dwelling units. 

Sec. 204. Resident support services. 

Sec. 205. Public housing in Katrina and Rita disaster areas. 

Sec. 206. Reports on proposed conversions of public housing units. 

Sec. 207. Authorization of appropriations for repair and rehabilitation for 

Katrina and Rita disaster areas. 

Sec. 208. Existing public housing redevelopment. 

Sec. 209. Reports on compliance. 

Sec. 210. Independent administration of Housing Authority of New Orleans. 

Sec. 211. Definition. 

TITLE III—DISASTER VOUCHER PROGRAM AND PROJECT-BASED 

RENTAL ASSISTANCE 

Sec. 301. Disaster voucher program. 

Sec. 302. Tenant replacement vouchers for all lost units. 

Sec. 303. Voucher assistance for households receiving FEMA assistance. 

Sec. 304. Voucher assistance for supportive housing. 

Sec. 305. Project-basing of vouchers. 

Sec. 306. Preservation of project-based housing assistance payments contracts 

for dwelling units damaged or destroyed. 

Sec. 307. GAO study of wrongful or erroneous termination of Federal rental 

housing assistance. 

TITLE IV—DAMAGES ARISING FROM FEMA ACTIONS 

Sec. 401. Reimbursement of landlords. 

TITLE V—FHA HOUSING 

Sec. 501. Treatment of nonconveyable properties. 

Sec. 502. FHA single-family insurance. 

Sec. 503. FHA-New Orleans Homeownership Opportunities Initiative. 

TITLE VI—FAIR HOUSING ENFORCEMENT 

Sec. 601. Fair housing initiatives program. 

TITLE VII—IMPROVED DISTRIBUTION OF FEDERAL HURRICANE 

HOUSING FUNDS FOR HURRICANE RELIEF 

Sec. 701. GAO study of improved distribution of Federal housing funds for 

hurricane relief. 


cnoel on PROD1PC62 with BILLS
3 

•S 1668 IS

TITLE VIII—COMMENDING AMERICANS FOR THEIR REBUILDING 

EFFORTS 

Sec. 801. Commending Americans. 

1 SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS. 

2 None of the amounts authorized by this Act may be 

3 used to lobby or retain a lobbyist for the purpose of influ4 encing a Federal, State, or local governmental entity or 

5 officer. 

6 TITLE I—COMMUNITY 

7 DEVELOPMENT BLOCK GRANTS 

8 SEC. 101. FLEXIBILITY OF FEDERAL FUNDS FOR ROAD 

9 HOME PROGRAM. 

10 (a) PROHIBITION OF RESTRICTION ON USE OF

11 AMOUNTS.— 

12 (1) IN GENERAL.—Subject to paragraph (4) 

13 and notwithstanding any other provision of law, the 

14 Administrator of the Federal Emergency Manage15 ment Agency shall allow the uses specified in para16 graph (2), by the State of Louisiana under the Road 

17 Home Program of such State, of any amounts speci18 fied in paragraph (5), provided such funds are used 

19 in full compliance with the requirements of the De20 partment of Housing and Urban Development’s 

21 Supplemental Community Development Block Grant 

22 Program, as such requirements are established 


cnoel on PROD1PC62 with BILLS
4 

•S 1668 IS

1 under title I of the Housing and Community Devel2 opment Act of 1974 (42 U.S.C. 5301 et seq.). 

3 (2) ELIGIBLE USES.—As specified in paragraph 

4 (1), the Administrator of the Federal Emergency 

5 Management Agency shall allow the State of Lou6 isiana to use any amounts specified in paragraph (5) 

7 for the purposes of— 

8 (A) acquiring property, including both land 

9 and buildings, for the purposes of removing any 

10 structure located on such property and perma11 nently returning the property to a use compat12 ible with open space, as required pursuant to 

13 section 404 of the Robert T. Stafford Disaster 

14 Relief and Emergency Assistance Act (42 

15 U.S.C. 5170c); 

16 (B) covering all or a portion of the cost of 

17 elevating a damaged residential structure lo18 cated on any property acquired under subpara19 graph (A) in order to make the property com20 pliant with State building codes, local ordi21 nances or building requirements, and the Na22 tional Flood Insurance Program, including ele23 vating the lowest habitable level to at least 1 

24 foot above the base flood elevation or the ele25 vation described using the current best available 


cnoel on PROD1PC62 with BILLS
5 

•S 1668 IS

1 data from the Federal Emergency Management 

2 Agency, whichever elevation is higher; 

3 (C) covering all or a portion of the cost 

4 of— 

5 (i) the demolition of any home deemed 

6 to be more than 50 percent damaged as a 

7 result of an inspection; and 

8 (ii) the reconstruction of another 

9 home on the same property on which a 

10 home was demolished under clause (i), in11 cluding site preparation, utility connection, 

12 and transactional costs, such that the 

13 newly constructed home is elevated so the 

14 lowest habitable level will be at least 1 foot 

15 above the base flood elevation or the ele16 vation described using the current best 

17 available data from the Federal Emergency 

18 Management Agency, whichever elevation 

19 is higher; 

20 (D) funding individual mitigation measures 

21 that can be incorporated into a home to reduce 

22 risk to both life and property, provided that no 

23 individual measure to be funded costs in excess 

24 of $7,500; and 


cnoel on PROD1PC62 with BILLS
6 

•S 1668 IS

1 (E) covering the reasonable cost to manage 

2 and administer such funds consistent with ex3 isting funding formulas identified under the 

4 Robert T. Stafford Disaster Relief and Emer5 gency Assistance Act (42 U.S.C. 5121 et seq.) 

6 and its implementing regulations. 

7 (3) CONSISTENCY REQUIREMENT.—Uses speci8 fied in paragraph (2) shall be deemed eligible when 

9 implemented in a way consistent with the require10 ments of the Department of Housing and Urban De11 velopment’s Supplemental Community Development 

12 Block Grant Program, as such requirements are es13 tablished under title I of the Housing and Commu14 nity Development Act of 1974 (42 U.S.C. 5301 et 

15 seq.), irrespective of any other requirements man16 dated under the Hazard Mitigation Grant Program 

17 under section 404 of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 U.S.C. 

19 5170c). 

20 (4) SAVINGS PROVISION.—Except as provided 

21 in paragraph (3), all other provisions of section 404 

22 of the Robert T. Stafford Disaster Relief and Emer23 gency Assistance Act (42 U.S.C. 5170c) shall apply 

24 to amounts specified in paragraph (3) that are used 


cnoel on PROD1PC62 with BILLS
7 

•S 1668 IS

1 by the State of Louisiana under the Road Home 

2 Program of such State. 

3 (5) COVERED AMOUNTS.—The amounts speci4 fied in this paragraph is $1,170,000,000 designated 

5 for Hurricanes Katrina and Rita under the Hazard 

6 Mitigation Grant Program of the Federal Emer7 gency Management Agency to the State of Louisiana 

8 as of June 1, 2007. 

9 (6) EXPEDITED TRANSFER OF FUNDS.— 

10 (A) IN GENERAL.—The Administrator of 

11 the Federal Emergency Management Agency 

12 shall, not later than 90 days after the date of 

13 enactment of this Act, transfer the amounts 

14 specified in paragraph (5) to the State of Lou15 isiana. 

16 (B) PROCEDURES.—The Administrator of 

17 the Federal Emergency Management Agency 

18 shall identify and implement mechanisms to be 

19 applied to all funds made available to the State 

20 of Louisiana as a result of Hurricanes Katrina 

21 and Rita under the Hazard Mitigation Grant 

22 Program under section 404 of the Robert T. 

23 Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5170c) that will simplify 

25 the requirements of such program and ensure 


cnoel on PROD1PC62 with BILLS
8 

•S 1668 IS

1 the expedited distribution of such funds under 

2 the program, including— 

3 (i) creating a programmatic cost-ben4 efit analysis to provide a means of con5 ducting cost-benefit analysis by project 

6 type and geographic factors rather than on 

7 a structure-by-structure basis; and 

8 (ii) developing a streamlined environ9 mental review process to significantly 

10 speed the approval of project applications. 

11 (7) FUTURE AMOUNTS.—Notwithstanding the 

12 provisions of this section, for the period beginning 

13 June 1, 2007 and ending December 31, 2007, any 

14 amounts in addition to the $1,170,000,000 described 

15 under paragraph (5) that are made available to the 

16 State of Louisiana as a result of Hurricanes Katrina 

17 and Rita under the Hazard Mitigation Grant Pro18 gram under section 404 of the Robert T. Stafford 

19 Disaster Relief and Emergency Assistance Act (42 

20 U.S.C. 5170c) shall be provided by such State to 

21 local government entities, based upon the severity of 

22 hurricane damage incurred in such areas, to be used 

23 solely for the purposes set forth under such section 

24 404. 


cnoel on PROD1PC62 with BILLS
9 

•S 1668 IS

1 (b) REPORTING REQUIREMENT.—The Administrator 

2 of the Federal Emergency Management Agency shall pro3 vide quarterly reports to the Committees on Banking, 

4 Housing, and Urban Affairs, and Homeland Security and 

5 Governmental Affairs of the Senate, and the Committees 

6 on Financial Services and Transportation and Infrastruc7 ture of the House of Representatives on— 

8 (1) specific mechanisms that are being utilized 

9 to expedite funding distribution under this section; 

10 and 

11 (2) how such mechanisms are performing. 

12 SEC. 102. HOUSEHOLD ASSISTANCE PROGRAMS FUNDED 

13 WITH CDBG DISASTER ASSISTANCE. 

14 (a) REPORTING REQUIREMENT.—Each State that re15 ceived amounts made available under the heading ‘‘De16 partment of Housing and Urban Development—Commu17 nity Planning and Development—Community Develop18 ment Fund’’ in chapter 9 of title I of division B of Public 

19 Law 109–148 (119 Stat. 2779) or under such heading in 

20 chapter 9 of title II of Public Law 109–234 (120 Stat. 

21 472) shall submit reports, and make such reports available 

22 to the public on the Internet, under this subsection regard23 ing each grant program of the State for assistance for in24 dividual households funded in whole or in part with such 

25 amounts to the committees identified in paragraph (4). 


cnoel on PROD1PC62 with BILLS
10 

•S 1668 IS

1 Each such report under this subsection shall describe and 

2 analyze the status and effectiveness of each such grant 

3 program and shall include the information described in 

4 paragraph (2) regarding each such program, for the appli5 cable reporting period and for the entire period of such 

6 program. 

7 (b) CONTENTS.—The following information shall be 

8 included in any report submitted under subsection (a): 

9 (1) The number of applications submitted for 

10 assistance under the program. 

11 (2) The number of households for which assist12 ance has been provided under the program. 

13 (3) The average amount of assistance requested 

14 and provided for each household under the program 

15 and the total amount of assistance provided under 

16 the program. 

17 (4) The number of personnel involved in exe18 cuting all aspects of the program. 

19 (5) Actions to affirmatively further fair hous20 ing. 

21 (6) Comprehensive data, by program, on who is 

22 served during the period, by number, percentage, 

23 and zip code, including data on race, ethnicity, in24 come, disability, family size, and family status. 


cnoel on PROD1PC62 with BILLS
11 

•S 1668 IS

1 (7) Actions taken to improve the program and 

2 recommendations for further such improvements. 

3 (c) REPORTING PERIODS.—With respect to any pro4 gram described in subsection (a), the first report under 

5 this section shall be submitted not later than the expira6 tion of the 30-day period that begins upon the date of 

7 the enactment of this Act. Reports shall be submitted, 

8 during the term of each such program, not later than the 

9 expiration of each successive calendar quarter thereafter. 

10 (d) RECEIVING COMMITTEES.—The committees spec11 ified in this paragraph are— 

12 (1) the Committees on Banking, Housing, and 

13 Urban Affairs and Homeland Security and Govern14 mental Affairs of the Senate; and 

15 (2) the Committees on Financial Services and 

16 Transportation and Infrastructure of the House of 

17 Representatives. 

18 (e) ONGOING REPORTS ON USE OF AMOUNTS.— 

19 (1) QUARTERLY REPORTS.—During the period 

20 that amounts are being expended under the State 

21 grant programs referred to in subsection (a), the 

22 Secretary of Housing and Urban Development shall 

23 submit reports on a quarterly basis to the Commit24 tees on Banking, Housing, and Urban Affairs and 

25 Homeland Security and Governmental Affairs of the 


cnoel on PROD1PC62 with BILLS
12 

•S 1668 IS

1 Senate, the Committees on Financial Services and 

2 Transportation and Infrastructure of the House of 

3 Representatives, and the Comptroller General of the 

4 United States. Such reports shall be made available 

5 to the public on the Internet. Such reports shall— 

6 (A) describe and account for the use of all 

7 such amounts expended during the applicable 

8 quarterly period; 

9 (B) certify that internal controls are in 

10 place to prevent waste, fraud, and abuse; and 

11 (C) identify any waste, fraud, or abuse in12 volved in the use of such amounts. 

13 (2) MONITORING.—The Secretary of Housing 

14 and Urban Development shall monitor funds ex15 pended by each State required to submit reports 

16 under subsection (a) and, pursuant to such moni17 toring— 

18 (A) upon determining that at least 2 per19 cent of such amount has been expended, shall 

20 include in the first quarterly report thereafter a 

21 written determination of such expenditure; and 

22 (B) upon determining, at any time after 

23 the determination under subparagraph (A), that 

24 the portion of such total amount expended at 

25 such time that was subject to waste, fraud, or 


cnoel on PROD1PC62 with BILLS
13 

•S 1668 IS

1 abuse exceeds 10 percent, shall include in the 

2 first quarterly report thereafter a certification 

3 to that effect. 

4 (3) ACTIONS IN RESPONSE TO WASTE, FRAUD, 

5 AND ABUSE.—If at any time the Secretary of Hous6 ing and Urban Development submits a report under 

7 paragraph (1) that includes a certification under 

8 paragraph (2)(B), the Comptroller General shall 

9 submit a report to the Committees referred to in 

10 paragraph (1) within 90 days recommending actions 

11 to be taken— 

12 (A) to recover any improper expenditures; 

13 and 

14 (B) to prevent further waste, fraud, and 

15 abuse in expenditure of such amounts. 

16 SEC. 103. COMMUNITY DEVELOPMENT PILOT PROGRAMS. 

17 (a) AVAILABILITY OF AMOUNTS.—The Secretary of 

18 Housing and Urban Development shall require the State 

19 of Louisiana to make available, from any amounts made 

20 available for such State under the heading ‘‘Department 

21 of Housing and Urban Development—Community Plan22 ning and Development—Community Development Fund’’ 

23 in chapter 9 of title I of division B of Public Law 109– 

24 148 (119 Stat. 2779) or under such heading in chapter 


cnoel on PROD1PC62 with BILLS
14 

•S 1668 IS

1 9 of title II of Public Law 109–234 (120 Stat. 472) and 

2 that remain unexpended, the following amounts: 

3 (1) FOR ORLEANS PARISH.—$30,000,000 to the 

4 New Orleans Redevelopment Authority (in this sec5 tion referred to as the ‘‘Redevelopment Authority’’), 

6 subject to subsection (c), only for use to carry out 

7 the pilot program under this section, provided that, 

8 of such amounts, $5,000,000 be used to provide low9 interest loans for second mortgages (commonly re10 ferred to as ‘‘soft’’ loans) for homes sold to low-in11 come individuals. 

12 (2) OTHER PARISHES.—$25,000,000 to the 

13 Louisiana Housing Finance Agency to provide 

14 grants to parishes, not including Orleans Parish, 

15 that were declared a disaster area by the President 

16 as a result of Hurricanes Katrina and Rita of 2005 

17 to establish redevelopment programs in those par18 ishes that have requirements that are the same or 

19 substantially similar to the requirements under this 

20 section. 

21 (b) PURPOSE.—The pilot program under this section 

22 shall fund, through the combination of amounts provided 

23 under this section with public and private capital from 

24 other sources, the purchase or costs associated with the 

25 acquisition or disposition of individual parcels of land in 


cnoel on PROD1PC62 with BILLS
15 

•S 1668 IS

1 New Orleans, Louisiana, by the Redevelopment Authority 

2 to be aggregated, assembled, and sold for the purpose of 

3 development by the Redevelopment Authority or private 

4 entities only in accordance with, and subject to, any recov5 ery and redevelopment plans developed and adopted by the 

6 City of New Orleans. The costs associated with acquisition 

7 or disposition of a parcel of land may include costs for 

8 activities described in subsection (c)(3) with respect to 

9 such parcel and costs described in subsection (c)(6). 

10 (c) CERTIFICATIONS.—The Secretary of Housing and 

11 Urban Development shall ensure that amounts are made 

12 available pursuant to subsection (a) to the Redevelopment 

13 Authority only upon the submission to the Secretary of 

14 certifications to ensure that the Redevelopment Author15 ity— 

16 (1) has the authority to purchase land for re17 sale for the purpose of development in accordance 

18 with the pilot program under this section; 

19 (2) has bonding authority (either on its own or 

20 through a State bonding agency) or has credit en21 hancements sufficient to support public/private fi22 nancing to acquire land for the purposes of the pilot 

23 program under this section; 

24 (3) has the authority and capacity to ensure 

25 clean title to land sold under the pilot program and 


cnoel on PROD1PC62 with BILLS
16 

•S 1668 IS

1 to reduce the risk attributable to and indemnify 

2 against environmental, flood, and other liabilities; 

3 (4) will, where practicable, provide a first right 

4 to purchase any land acquired by the Redevelopment 

5 Authority to the seller who sold the land to the Re6 development Authority, consistent with any recovery 

7 and redevelopment plans developed and adopted by 

8 the City of New Orleans; 

9 (5) has in place sufficient internal controls to 

10 prevent waste, fraud, and abuse and to ensure that 

11 funds made available under this subsection may not 

12 be used to fund salaries or other administrative 

13 costs of the employees of the Redevelopment Author14 ity; and 

15 (6) will, in carrying out the pilot program 

16 under this section, consult with the City of New Or17 leans regarding coordination of activities under the 

18 program with the recovery and redevelopment plans 

19 referred to in subsection (b), reimbursement of such 

20 City for costs incurred in support of the program, 

21 and use of program income and other amounts gen22 erated through the program. 

23 (d) DEVELOPMENT REQUIREMENTS.—In carrying 

24 out the pilot program under this section, the Redevelop25 ment Authority shall— 


cnoel on PROD1PC62 with BILLS
17 

•S 1668 IS

1 (1) sell land acquired under the pilot program 

2 only as provided in subsection (b); 

3 (2) use any proceeds from the sale of such land 

4 to replenish funds available for use under the pilot 

5 program for the purpose of acquiring new parcels of 

6 land or to repay any private financing for such pur7 chases; 

8 (3) require that in instances where land is de9 veloped under this section, and used for housing, not 

10 less than 25 percent of such housing be affordable 

11 and made available to low-, very low-, and extremely 

12 low-income households; 

13 (4) sell land only— 

14 (A) to purchasers who agree to develop 

15 such sites for sale to the public; 

16 (B) to purchasers pursuant to subsection 

17 (c)(4); or 

18 (C) to developers who are developing sites, 

19 including public housing development sites, as 

20 part of a neighborhood revitalization plan; 

21 (5) ensure that any— 

22 (A) development under the program is con23 sistent with neighborhood revitalization plans 

24 and in accordance with any recovery and redeVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
18 

•S 1668 IS

1 velopment plans developed and adopted by the 

2 City of New Orleans; and 

3 (B) uses of such development are not in4 consistent with redevelopment of adjacent par5 cels, where possible; and 

6 (6) where properties are located in neighbor7 hoods where public housing redevelopment is occur8 ring, give priority consideration to making such 

9 properties available to meet the housing replacement 

10 requirements under this Act. 

11 (e) INAPPLICABILITY OF STAFFORD ACT LIMITA12 TIONS.—Any requirements or limitations under or pursu13 ant to the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act relating to use of properties acquired 

15 with amounts made available under such Act for certain 

16 purposes, restricting development of such properties, or 

17 limiting subsequent alienation of such properties shall not 

18 apply to amounts provided under this section or properties 

19 acquired under the pilot program with such amounts. 

20 (f) GAO STUDY AND REPORT.— 

21 (1) IN GENERAL.—Upon the expiration of the 

22 2-year period beginning on the date of the enact23 ment of this Act, the Comptroller General of the 

24 United States shall conduct a study of the pilot pro25 gram carried out under this section to determine the 


cnoel on PROD1PC62 with BILLS
19 

•S 1668 IS

1 effectiveness and limitations of, and potential im2 provements for, such program. 

3 (2) TIMING OF REPORT.—Not later than 180 

4 days after the expiration of the 2-year period de5 scribed in paragraph (1), the Comptroller General 

6 shall submit a report to the Committees on Banking, 

7 Housing, and Urban Affairs and Homeland Security 

8 and Governmental Affairs of the Senate, and the 

9 Committees on Financial Services and Transpor10 tation and Infrastructure of the House of Represent11 atives and regarding the results of the study. 

12 (3) REQUIRED CONTENT.—The report required 

13 under paragraph (2) shall include a forensic audit 

14 that examines the effectiveness of internal controls 

15 to prevent waste, fraud, and abuse within the pilot 

16 program. 

17 SEC. 104. ROAD HOME PROGRAM SHORTFALL. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as may be 

20 necessary for the State of Louisiana to carry out the Road 

21 Home Program, provided that as of June 1, 2007, the 

22 State of Louisiana has provided at least $1,000,000,000 

23 for such program. 

24 (b) EXCEPTION FROM PROHIBITION ON DUPLICA25 TION OF BENEFITS.—Notwithstanding any other proviVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
20 

•S 1668 IS

1 sion of law, to the extent that amounts made available 

2 under the heading ‘‘Department of Housing and Urban 

3 Development-Community Planning and Development— 

4 Community Development Fund’’ in chapter 9 of title I of 

5 division B of Public Law 109–148 (119 Stat. 2779), 

6 under such heading in chapter 9 of title II of Public Law 

7 109–234 (120 Stat. 472), and under section 101 of this 

8 title, are used by the State of Louisiana under the Road 

9 Home Program, the procedures preventing duplication of 

10 benefits established pursuant to the penultimate proviso 

11 under such heading in Public Law 109–148 (119 Stat. 

12 2781) and the 15th proviso under such heading in Public 

13 Law 109–234 (120 Stat. 473) shall not apply with respect 

14 to any benefits received from disaster payments from the 

15 Federal Emergency Management Agency, or disaster as16 sistance provided from the Small Business Administration, 

17 except to the extent that the inapplicability of such proce18 dures would result in a household receiving more than is 

19 necessary to repair or rebuild their structure and property, 

20 and pay for temporary relocation and necessities. 

21 SEC. 105. ELIMINATION OF PROHIBITION OF USE FOR 

22 MATCH REQUIREMENT. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, any amounts made available before the date 

25 of the enactment of this Act for activities under the ComVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
21 

•S 1668 IS

1 munity Development Block Grant Program under title I 

2 of the Housing and Community Development Act of 1974 

3 (42 U.S.C. 5301 et seq.) for expenses related to disaster 

4 relief, long-term recovery, and restoration of infrastruc5 ture in the areas impacted or distressed by the con6 sequences of Hurricane Katrina, Rita, or Wilma in States 

7 for which the President declared a major disaster, or made 

8 available before such date of enactment for such activities 

9 for such expenses in the areas impacted or distressed by 

10 the consequences of Hurricane Dennis, may be used by 

11 a State or locality as a matching requirement, share, or 

12 contribution for any other Federal program. 

13 (b) EFFICIENT ENVIRONMENTAL REVIEW.—If an en14 vironmental review for a project funded by any amounts 

15 referred to in subsection (a) has been completed by a Fed16 eral agency, such environmental review shall be considered 

17 sufficient for receipt and use of all Federal funds, provided 

18 that such environmental review is substantially similar to 

19 an environmental review under the procedures authorized 

20 under section 104(g) of the Housing and Community De21 velopment Act of 1974 (42 U.S.C. 5304(g)). 

22 SEC. 106. REIMBURSEMENT OF AMOUNTS USED FOR RENT23 AL HOUSING ASSISTANCE. 

24 There are authorized to be appropriated, from any 

25 amounts made available before the date of the enactment 


cnoel on PROD1PC62 with BILLS
22 

•S 1668 IS

1 of this Act under any provision of law to the Federal 

2 Emergency Management Agency for disaster relief under 

3 the Robert T. Stafford Disaster Relief and Emergency As4 sistance Act relating to the consequences of Hurricane 

5 Katrina, Rita, or Wilma that remain unobligated, and 

6 from any amounts made available before such date of en7 actment under any provision of law to such Agency for 

8 such disaster relief relating to the consequences of Hurri9 cane Dennis that remain unobligated, such sums as may 

10 be necessary to be made available to the Administrator 

11 of the Federal Emergency Management Agency for trans12 fer to the Secretary of Housing and Urban Development, 

13 for such Secretary to provide assistance under title I of 

14 the Housing and Community Development Act of 1974 

15 (42 U.S.C. 5301 et seq.) to reimburse metropolitan cities 

16 and urban counties for amounts used, including amounts 

17 from the Community Development Block Grant Program, 

18 the HOME Investment Partnership Program, and other 

19 programs, to provide rental housing assistance for families 

20 residing in such city or county pursuant to evacuation 

21 from their previous residences because of such hurricanes, 

22 provided that such city or county has not previously been 

23 reimbursed for such expenditures. 


cnoel on PROD1PC62 with BILLS
23 

•S 1668 IS

1 TITLE II—PUBLIC HOUSING 

2 SEC. 201. SURVEY OF PUBLIC HOUSING RESIDENTS. 

3 (a) SURVEY.—The Secretary of Housing and Urban 

4 Development shall contract with an independent research 

5 entity to conduct a survey, using appropriate scientific re6 search methods to determine, of the households who as 

7 of August 28, 2005, resided in public housing (as such 

8 term is defined in section 3(b) of the United States Hous9 ing Act of 1937 (42 U.S.C. 1437a(b)) operated or admin10 istered by the Housing Authority of New Orleans, in Lou11 isiana— 

12 (1) which and how many such households in13 tend to return to residences in dwelling units de14 scribed in section 202(d) of this Act, when presented 

15 with the options of— 

16 (A) returning to residence in a repaired 

17 public housing or comparable dwelling unit in 

18 New Orleans immediately; 

19 (B) returning to residence in a temporary 

20 repaired residence in New Orleans immediately, 

21 and then moving from such repaired residence 

22 to a newly redeveloped public housing unit at a 

23 later date; or 

24 (C) continuing to receive rental housing as25 sistance from the Federal Government in a loVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
24 

•S 1668 IS

1 cation other than New Orleans or in New Orle2 ans; and 

3 (2) when households who choose the options de4 scribed under subparagraphs (A) or (B) of para5 graph (1) intend to return. 

6 (b) PARTICIPATION OF RESIDENTS.—The Secretary 

7 shall solicit recommendations from resident councils and 

8 residents of public housing operated or administered by 

9 such Housing Authority in designing and conducting the 

10 survey under subsection (a). 

11 (c) PROPOSED SURVEY DOCUMENT.—The Secretary 

12 shall submit the full research design of the proposed docu13 ment to be used in conducting the survey to the Com14 mittee on Banking, Housing, and Urban Affairs of the 

15 Senate and the Committee on Financial Services of the 

16 House of Representatives not less than 10 business days 

17 before the commencement of such survey. 

18 (d) REPORT.—The Secretary shall submit a report 

19 to the committees referred to in subsection (c) detailing 

20 the results of the survey conducted under subsection (a) 

21 not later than 90 days after the date of the enactment 

22 of this Act. 


cnoel on PROD1PC62 with BILLS
25 

•S 1668 IS

1 SEC. 202. HOUSING FOR PREVIOUS RESIDENTS OF PUBLIC 

2 HOUSING. 

3 (a) PROVISION OF DWELLING UNITS.—Not later 

4 than 90 days after the date of the enactment of this Act, 

5 the Housing Authority of New Orleans shall make avail6 able for temporary or permanent occupancy, subject to 

7 subsection (b), a number of dwelling units (including those 

8 currently occupied) described in subsection (d) that is not 

9 less than the greater of— 

10 (1) 3,000; or 

11 (2) the number of households who have indi12 cated, in the survey conducted pursuant to section 

13 201, that they intend to return to residence within 

14 120 days after the date of the enactment of this Act, 

15 in public housing operated or administered by such 

16 public housing agency. 

17 (b) HOUSING FOR FORMER PUBLIC HOUSING RESI18 DENTS.— 

19 (1) IN GENERAL.—Subject only to subsection 

20 (c), the Housing Authority of New Orleans shall 

21 make available, upon the request of any household 

22 who, as of August 28, 2005, was a tenant of public 

23 housing operated or administered by such public 

24 housing agency, permanent or temporary occupancy 

25 (as may be necessary for redevelopment plans) for 


cnoel on PROD1PC62 with BILLS
26 

•S 1668 IS

1 such household in a dwelling unit provided pursuant 

2 to subsection (a), so long as— 

3 (A) the tenant— 

4 (i) notifies the Housing Authority of 

5 New Orleans, not later than 75 days after 

6 the date of the enactment of this Act, of 

7 that tenant’s intent to return; and 

8 (ii) identifies a date that the tenant 

9 intends to occupy such a dwelling unit, 

10 which shall be not later than 120 days 

11 after the date of the enactment of this Act; 

12 and 

13 (B) the tenant was rightfully occupying a 

14 public housing unit of the Housing Authority of 

15 New Orleans on August 28, 2005. 

16 (2) PREFERENCES.—In making dwelling units 

17 available to households pursuant to paragraph (1), 

18 such Housing Authority shall provide to each return19 ing tenant the choice to live in— 

20 (A) a dwelling unit in the same public 

21 housing project occupied by the tenant as of 

22 August 28, 2005, or in the surrounding neigh23 borhood in which such public housing project 

24 was located, if available; or 


cnoel on PROD1PC62 with BILLS
27 

•S 1668 IS

1 (B) in any other available dwelling unit in 

2 various other areas of the City of New Orleans, 

3 provided that the Housing Authority give each 

4 resident a choice of available units in various 

5 neighborhoods throughout the City of New Or6 leans. 

7 (c) PROHIBITION OF EXCLUSION.—The Housing Au8 thority of New Orleans shall not, including through the 

9 application of any waiting list or eligibility, screening, oc10 cupancy, or other policy or practice, prevent any household 

11 referred to in subsection (b)(1) from occupying a replace12 ment dwelling unit provided pursuant to subsection (a), 

13 except that such Housing Authority or other manager 

14 shall prevent a household from occupying such a dwelling 

15 unit, and shall provide for occupancy in such dwelling 

16 units, as follows: 

17 (1) Notwithstanding any priority under para18 graph (4), a household shall be prevented from such 

19 occupancy to the extent that any other provision of 

20 Federal law prohibits occupancy or tenancy of such 

21 household, or any individual who is a member of 

22 such household, in the type of housing of the re23 placement dwelling unit provided for such household. 

24 (2) Notwithstanding any priority under para25 graph (4), a household shall be prevented from such 


cnoel on PROD1PC62 with BILLS
28 

•S 1668 IS

1 occupancy if it includes any individual who has been 

2 convicted of a drug dealing offense, sex offense, or 

3 crime of domestic violence. 

4 (d) REPLACEMENT DWELLING UNITS.—A dwelling 

5 unit described in this subsection is— 

6 (1) a dwelling unit in public housing operated 

7 or administered by the Housing Authority of New 

8 Orleans; or 

9 (2) a dwelling unit in other comparable housing 

10 located in the jurisdiction of the Housing Authority 

11 of New Orleans for which the sum of the amount re12 quired to be contributed by the tenant for rent and 

13 any separate utility costs for such unit borne by the 

14 tenant is comparable to the sum of the amount re15 quired to be contributed by the tenant for rental of 

16 a comparable public housing dwelling unit and any 

17 separate utility costs for such unit borne by the ten18 ant. 

19 (e) RELOCATION ASSISTANCE.—The Housing Au20 thority of New Orleans shall provide, to each household 

21 provided occupancy in a dwelling unit pursuant to sub22 section (b), assistance under the Uniform Relocation As23 sistance and Real Property Acquisitions Policy Act of 

24 1970 (42 U.S.C. 4601 et seq.) for relocation to such dwell25 ing unit. 


cnoel on PROD1PC62 with BILLS
29 

•S 1668 IS

1 SEC. 203. REPLACEMENT OF PUBLIC HOUSING DWELLING 

2 UNITS. 

3 (a) CONDITIONS ON DEMOLITION.—After the date of 

4 the enactment of this Act, the Housing Authority of New 

5 Orleans may only demolish or dispose of dwelling units 

6 of public housing operated or administered by such agency 

7 (including any uninhabitable unit) pursuant to a plan for 

8 replacement of such units, as approved by the Secretary 

9 of Housing and Urban Development pursuant to sub10 section (b). 

11 (b) PLAN REQUIREMENTS.—The Secretary may only 

12 approve a plan for demolition or disposition of dwelling 

13 units of public housing referred to in subsection (a), if— 

14 (1) there is a clear process for the opportunity 

15 to comment by the residents and resident councils of 

16 public housing operated or administered by such 

17 Housing Authority or the City of New Orleans, and 

18 the community in which such demolition or disposi19 tion is to occur, including the opportunity for com20 ment on specific proposals at each stage of redevel21 opment, demolition, or disposition; 

22 (2) not later than 60 days before the date of 

23 the approval of such plan, such Housing Authority 

24 has convened and conducted at least 1 public hear25 ing regarding the demolition or disposition proposed 

26 in the plan; 


cnoel on PROD1PC62 with BILLS
30 

•S 1668 IS

1 (3) such plan provides that for each such dwell2 ing unit demolished or disposed of, such public hous3 ing agency will provide additional affordable housing 

4 as set forth under subsection (c); 

5 (4) such plan provides for the implementation 

6 of a right for households to occupancy housing in ac7 cordance with section 202; 

8 (5) such plan provides priority in making units 

9 available under paragraph (3) to residents identified 

10 in section 201; 

11 (6) such plan provides for offering public hous12 ing units built on site, first to former residents of 

13 that public housing development who indicate they 

14 would like to return, subject to exclusions permitted 

15 under Federal law for criminal activity; 

16 (7) such plan provides that the proposed demo17 lition or disposition and relocation will be carried out 

18 in a manner that affirmatively furthers fair housing, 

19 as described in subsection (e) of section 808 of the 

20 Civil Rights Act of 1968; 

21 (8) such plan provides for comprehensive resi22 dent services; and 

23 (9) such plan provides for procedures for people 

24 who were on the waiting list on August 28, 2005, to 


cnoel on PROD1PC62 with BILLS
31 

•S 1668 IS

1 receive consideration to receive housing for any units 

2 that are not needed for returning residents. 

3 (c) REPLACEMENT UNITS.— 

4 (1) PREVIOUSLY OCCUPIED UNITS.—For each 

5 public housing unit demolished or disposed of under 

6 this section, which was occupied by tenants on Au7 gust 28, 2005, the Housing Authority of New Orle8 ans and the Secretary of Housing and Urban Devel9 opment shall provide at least 1 of the following re10 placement housing opportunities: 

11 (A) The acquisition or development of ad12 ditional public housing dwelling units, including 

13 units in the neighborhood where the demolished 

14 or disposed of units were located. 

15 (B) The acquisition, development, or con16 tracting (including through project-based assist17 ance) of additional dwelling units that are sub18 ject to requirements regarding eligibility for oc19 cupancy, tenant contribution toward rent, and 

20 long-term affordability restrictions which are 

21 comparable to public housing units, including 

22 units in the neighborhood where the demolished 

23 or disposed of units were located. 

24 (C) The development or contracting of 

25 project-based voucher assistance under section 


cnoel on PROD1PC62 with BILLS
32 

•S 1668 IS

1 8(o)(13) of the United States Housing Act of 

2 1937 (42 U.S.C. 1437f(o)(13)), for not less 

3 than 15 years. 

4 (2) NONOCCUPIED UNITS.—For each public 

5 housing unit demolished or disposed of under this 

6 section, which was not occupied by tenants on Au7 gust 28, 2005, the Secretary of Housing and Urban 

8 Development shall provide, and the Housing Author9 ity of New Orleans shall provide a replacement hous10 ing unit as described in paragraph (1) or shall issue 

11 a voucher under section 8(o) of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437f(o)), provided 

13 that the Housing Authority establishes, within 60 

14 days after the date of enactment of this Act, a sys15 tem to project base such vouchers, as permitted 

16 under section 8(o)(13) of such Act. 

17 (d) INAPPLICABLE PROVISIONS.—Subparagraphs (B) 

18 and (D) of section 8(o)(13) of the United States Housing 

19 Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with 

20 respect to vouchers used to comply with the requirements 

21 of subsection (b)(3) of this section, except that not more 

22 than 50 percent of the units in any such affordable hous23 ing project may be assisted under a housing assistance 

24 contract for project-based assistance under such section 


cnoel on PROD1PC62 with BILLS
33 

•S 1668 IS

1 8(o)(13), unless all units are specifically made available 

2 to seniors or people with disabilities. 

3 (e) MONITORING.—The Secretary of Housing and 

4 Urban Development shall provide for the appropriate field 

5 offices of the Department to monitor and supervise en6 forcement of this section and plans approved under this 

7 section and to consult, regarding such monitoring and en8 forcement, with resident councils of, and residents of pub9 lic housing operated or administered by, the Housing Au10 thority of New Orleans and with the City of New Orleans. 

11 SEC. 204. RESIDENT SUPPORT SERVICES. 

12 (a) IN GENERAL.—In any instance where the Hous13 ing Authority of New Orleans is providing housing vouch14 ers or affordable housing that is not public housing, as 

15 described in section 203, the Housing Authority shall, di16 rectly or through the use of contractors— 

17 (1) provide mobility counseling to residents of 

18 such housing; 

19 (2) conduct outreach to landlords of such hous20 ing in all areas of the City of New Orleans and the 

21 region; and 

22 (3) work with developers to project-base vouch23 er assistance under section 8(o)(13) of the United 

24 States Housing Act of 1937 (42 U.S.C. 


cnoel on PROD1PC62 with BILLS
34 

•S 1668 IS

1 1437f(o)(13)) in low-poverty neighborhoods, and 

2 neighborhoods undergoing revitalization. 

3 (b) REPORTS.—Not later than 6 months after the 

4 date of enactment of this Act, and every 6 months there5 after, the Housing Authority of New Orleans shall submit 

6 a report to the Secretary and Congress on its activities 

7 under this section, including— 

8 (1) the number and location of nonpublic hous9 ing units provided; 

10 (2) the census tract in which those units are lo11 cated; 

12 (3) the poverty rate in those census tracts; 

13 (4) the rent burdens of households assisted 

14 under this section; 

15 (5) any demographic data, reported by census 

16 tract, on who is served in the program; and 

17 (6) the efforts of the Authority to affirmatively 

18 further fair housing. 

19 SEC. 205. PUBLIC HOUSING IN KATRINA AND RITA DIS20 ASTER AREAS. 

21 (a) CONDITIONS ON DEMOLITION.—For the 2-year 

22 period after the date of the enactment of this Act, a public 

23 housing agency may only dispose or demolish public hous24 ing dwelling units located in any area for which a major 

25 disaster or emergency was declared by the President purVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
35 

•S 1668 IS

1 suant to the Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act as a result of Hurricane Katrina or 

3 Rita of 2005, other than those covered under section 203, 

4 pursuant to a plan for replacement of such units in ac5 cordance with, and approved by the Secretary of Housing 

6 and Urban Development pursuant to subsections (b) and 

7 (c). 

8 (b) PLAN REQUIREMENTS.—The Secretary may only 

9 approve a plan for demolition or disposition of dwelling 

10 units of public housing referred to in subsection (a), if— 

11 (1) there is a clear process for the opportunity 

12 to comment by the residents and resident councils of 

13 public housing operated or administered by the 

14 Housing Authority, and the community in which 

15 such demolition or disposition is to occur, including 

16 the opportunity for comment on specific proposals 

17 for redevelopment, demolition, or disposition; 

18 (2) not later than 60 days before the date of 

19 the approval of such plan, such Housing Authority 

20 has convened and conducted at least 1 public hear21 ing regarding the demolition or disposition proposed 

22 in the plan; 

23 (3) such plan provides that for each such dwell24 ing unit demolished or disposed of, such public housVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
36 

•S 1668 IS

1 ing agency will provide additional affordable replace2 ment housing as set forth under subsection (c); 

3 (4) such plan provides that the proposed demo4 lition or disposition and relocation will be carried out 

5 in a manner that affirmatively furthers fair housing, 

6 as described in subsection (e) of section 808 of the 

7 Civil Rights Act of 1968; 

8 (5) such plan provides for comprehensive resi9 dent services; 

10 (6) such plan provides for offering public hous11 ing units built on site, first to former residents of 

12 that public housing development who indicate they 

13 would like to return, subject to exclusions permitted 

14 under Federal law for criminal activity; and 

15 (7) such plan provides for procedures for people 

16 who were on the waiting list on August 28, 2005, to 

17 receive consideration to receive housing for any units 

18 that are not needed for returning residents. 

19 (c) REPLACEMENT UNITS.— 

20 (1) PREVIOUSLY OCCUPIED UNITS.—For each 

21 public housing unit demolished or disposed of under 

22 this section, which was occupied by tenants on Au23 gust 28, 2005, the Housing Authority shall provide 

24 at least 1 of the following replacement housing op25 portunities: 


cnoel on PROD1PC62 with BILLS
37 

•S 1668 IS

1 (A) The acquisition or development of ad2 ditional public housing dwelling units. 

3 (B) The acquisition, development, or con4 tracting (including through project-based assist5 ance) of additional dwelling units that are sub6 ject to requirements regarding eligibility for oc7 cupancy, tenant contribution toward rent, and 

8 long-term affordability restrictions which are 

9 comparable to public housing units. 

10 (C) Project-based voucher assistance under 

11 section 8(o) of the United States Housing Act 

12 of 1937 (42 U.S.C. 1437f(o)), for not less than 

13 10 years. 

14 (2) NONOCCUPIED UNITS.—For each public 

15 housing unit demolished or disposed of under this 

16 section, which was not occupied by tenants on Au17 gust 28, 2005, the Secretary of Housing and Urban 

18 Development shall provide, and the Housing Author19 ity shall provide a replacement housing unit as de20 scribed in paragraph (1) or shall issue a voucher 

21 under section 8(o) of the United States Housing Act 

22 of 1937 (42 U.S.C. 1437f(o)). 

23 (d) RELOCATION ASSISTANCE.—A public housing 

24 agency shall provide, to each household relocated pursuant 

25 to a plan under this section for demolition or disposition, 


cnoel on PROD1PC62 with BILLS
38 

•S 1668 IS

1 assistance under the Uniform Relocation Assistance and 

2 Real Property Acquisitions Policy Act of 1970 for reloca3 tion to their new residence. 

4 (e) RETURN OF PUBLIC HOUSING TENANTS.—A 

5 public housing agency administering or operating public 

6 housing dwelling units described in subsection (a) shall— 

7 (1) use its best efforts to locate tenants dis8 placed from such public housing as a result of Hur9 ricane Katrina or Rita; and 

10 (2) provide such residents occupancy in public 

11 housing dwelling units of such agency that become 

12 available for occupancy, or other comparable afford13 able units, and to ensure such residents a means to 

14 return to such housing if they so choose. 

15 (f) INAPPLICABILITY OF CERTAIN PROJECT-BASED

16 VOUCHER LIMITATIONS.—Subparagraphs (B) and (D) of 

17 section 8(o)(13) of the United States Housing Act of 1937 

18 (42 U.S.C. 1437f(o)(13)) shall not apply with respect to 

19 any project-based vouchers used to comply with the re20 quirements of a plan under subsection (c), except that not 

21 more than 50 percent of the units in any such affordable 

22 housing project may be assisted under a housing assist23 ance contract for project-based assistance under such sec24 tion 8(o)(13), unless all units are specifically made avail25 able to seniors or people with disabilities. 


cnoel on PROD1PC62 with BILLS
39 

•S 1668 IS

1 (g) DISPLACEMENT FROM HABITABLE UNITS.—A 

2 public housing agency may not displace a tenant from any 

3 public housing dwelling unit described in this section that 

4 is administered or operated by such agency and is habit5 able (including during any period of rehabilitation), unless 

6 the agency provides a suitable and comparable replace7 ment dwelling unit for such tenant. 

8 SEC. 206. REPORTS ON PROPOSED CONVERSIONS OF PUB9 LIC HOUSING UNITS. 

10 Not later than the expiration of the 15-day period 

11 beginning on the date of the enactment of this Act, the 

12 Secretary of Housing and Urban Development shall sub13 mit to the Committee on Banking, Housing, and Urban 

14 Affairs of the Senate and the Committee on Financial 

15 Services of the House of Representatives a detailed report 

16 identifying all public housing projects located in areas im17 pacted by Hurricane Katrina or Rita of 2005, for which 

18 plans exist to transfer ownership to other entities or agen19 cies. Such report shall include the following information 

20 for each such project: 

21 (1) The name and location. 

22 (2) The number of dwelling units. 

23 (3) The proposed new owner. 

24 (4) The existing income eligibility and rent pro25 visions. 


cnoel on PROD1PC62 with BILLS
40 

•S 1668 IS

1 (5) Duration of existing affordability restric2 tions. 

3 (6) The proposed date of transfer. 

4 (7) An analysis of the impact on residents and 

5 low-income families on the waiting list of such trans6 fer. 

7 SEC. 207. AUTHORIZATION OF APPROPRIATIONS FOR RE8 PAIR AND REHABILITATION FOR KATRINA 

9 AND RITA DISASTER AREAS. 

10 There are authorized to be appropriated such sums 

11 as may be necessary to carry out activities eligible for 

12 funding under the Capital Fund under section 9 of the 

13 United States Housing Act of 1937 (42 U.S.C. 1437g) 

14 for the repair, rehabilitation, redevelopment, and replace15 ment of public housing in a designated disaster area, and 

16 for relocation expenses and community and supportive 

17 services for the residents of public housing operated or ad18 ministered by housing agencies in such designated disaster 

19 areas. 

20 SEC. 208. EXISTING PUBLIC HOUSING REDEVELOPMENT. 

21 Notwithstanding the provisions of any request for 

22 qualification or proposal issued before the date of the en23 actment of this Act with respect to any public housing op24 erated or administered by a housing agency in a des25 ignated disaster area, the housing agency shall provide reVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
41 

•S 1668 IS

1 placement housing as required under section 203 or 205, 

2 as applicable. 

3 SEC. 209. REPORTS ON COMPLIANCE. 

4 Not later than the expiration of the 30-day period 

5 beginning on the date of the enactment of this Act and 

6 not later than the expiration of each calendar quarter 

7 thereafter, the Secretary of Housing and Urban Develop8 ment shall submit a detailed report regarding compliance 

9 with the requirements of this title, including the resident 

10 participation requirement under section 203(b)(1), to the 

11 Committee on Banking, Housing, and Urban Affairs of 

12 the Senate, the Committee on Financial Services of the 

13 House of Representatives, the resident councils of, and 

14 residents of public housing operated or administered by, 

15 a housing agency in a disaster area, and the City of New 

16 Orleans. 

17 SEC. 210. INDEPENDENT ADMINISTRATION OF HOUSING 

18 AUTHORITY OF NEW ORLEANS. 

19 (a) RECEIVERSHIP.—Not later than 30 days after the 

20 date of the enactment of this Act, the Secretary of Hous21 ing and Urban Development shall petition for judicial re22 ceivership of the Housing Authority of New Orleans pur23 suant to section 6(j)(3)(A)(ii) of the United States Hous24 ing Act of 1937 (42 U.S.C. 1437d(j)(3)(A)(ii)). 


cnoel on PROD1PC62 with BILLS
42 

•S 1668 IS

1 (b) EFFECT OF RECEIVERSHIP.—Any judicial re2 ceiver of the Housing Authority of New Orleans appointed 

3 pursuant to subsection (a) shall be required to comply 

4 with all the provisions of this Act. 

5 (c) SENSE OF CONGRESS.—It is the sense of the Con6 gress that the judicial receiver of the Housing Authority 

7 of New Orleans appointed pursuant to subsection (a) shall 

8 consider new and innovative models for administration of 

9 the Housing Authority of New Orleans, including public10 private partnerships. 

11 SEC. 211. DEFINITION. 

12 For purposes of this title, the term ‘‘designated dis13 aster area’’ means any area that was the subject of a dis14 aster declaration by the President under title IV of the 

15 Robert T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5121 et seq.) in response to Hurri17 canes Katrina or Rita of 2005. 

18 TITLE III—DISASTER VOUCHER 

19 PROGRAM AND PROJECT20 BASED RENTAL ASSISTANCE 

21 SEC. 301. DISASTER VOUCHER PROGRAM. 

22 (a) AUTHORIZATION.—There are authorized to be ap23 propriated such sums as may be necessary to provide as24 sistance under the Disaster Voucher Program of the De25 partment of Housing and Urban Development established 


cnoel on PROD1PC62 with BILLS
43 

•S 1668 IS

1 pursuant to Public Law 109–148 (119 Stat. 2779) 

2 through June 30, 2008, and, to the extent that amounts 

3 for such purpose are made available, such program, and 

4 the authority of the Secretary of Housing and Urban De5 velopment to waive requirements under section 8 of the 

6 United States Housing Act of 1937 (42 U.S.C. 1437f) in 

7 administering assistance under such program, shall be so 

8 extended. 

9 (b) TRANSFER OF DISASTER VOUCHER PROGRAM TO

10 TENANT-BASED ASSISTANCE.— 

11 (1) TRANSFER TO SECTION 8 VOUCHER PRO12 GRAM.—There are authorized to be appropriated, for 

13 tenant-based assistance under section 8(o) of the 

14 United States Housing Act of 1937 (42 U.S.C. 

15 1437f(o)), such sums as may be necessary to provide 

16 vouchers for households transitioning from the Dis17 aster Voucher Program of the Department of Hous18 ing and Urban Development established pursuant to 

19 Public Law 109–148 (119 Stat. 2779) for the period 

20 that such household is eligible for such voucher as21 sistance, as of the termination date of the Disaster 

22 Voucher Program, for each household that— 

23 (A) is assisted under such program; 

24 (B) did not receive assistance under sec25 tion 8(o) of the United States Housing Act of 


cnoel on PROD1PC62 with BILLS
44 

•S 1668 IS

1 1937 (42 U.S.C. 1437f(o)) at the time of Hur2 ricane Katrina or Rita of 2005; 

3 (C) is not eligible for tenant replacement 

4 voucher assistance under section 302 of this 

5 Act; or 

6 (D) is eligible for tenant replacement 

7 voucher assistance under section 302, but has 

8 not received such assistance. 

9 (2) ELIGIBILITY FOR ASSISTANCE.—Subject to 

10 the availability of appropriations, as of January 1, 

11 2008, any household meeting the requirements in 

12 paragraph (1) shall receive tenant-based assistance 

13 under section 8(o) of the United States Housing Act 

14 of 1937 (42 U.S.C. 1437f(o)). 

15 (3) ADMINISTRATION OF ASSISTANCE.—Vouch16 er assistance provided under this subsection shall be 

17 administered by the public housing agency having 

18 jurisdiction of the area in which such assisted family 

19 resides as of such termination date. 

20 (4) TEMPORARY VOUCHERS.—If at any time a 

21 household for whom a voucher for rental housing as22 sistance is provided pursuant to this section becomes 

23 ineligible for such rental assistance— 

24 (A) the public housing agency admin25 istering such voucher pursuant to this section 


cnoel on PROD1PC62 with BILLS
45 

•S 1668 IS

1 may not provide rental assistance under such 

2 voucher for any other household; 

3 (B) the Secretary of Housing and Urban 

4 Development shall recapture from such agency 

5 any remaining amounts for assistance attrib6 utable to such voucher and may not reobligate 

7 such amounts to any public housing agency; 

8 and 

9 (C) such voucher shall not be taken into 

10 consideration for purposes of determining fu11 ture allocation of amounts for tenant-based 

12 rental assistance for any public housing agency. 

13 (c) FORMER VOUCHER PROGRAM PARTICIPANTS.— 

14 Households who were receiving assistance under section 

15 8(o) of the United States Housing Act of 1937 (42 U.S.C. 

16 1437f(o)) as of August 28, 2005, shall continue to be as17 sisted under such section (8)(o), subject to all the require18 ments under that section. 

19 (d) IDENTIFICATION AND NOTIFICATION OF DVP20 ELIGIBLE HOUSEHOLDS NOT ASSISTED.—Prior to Octo21 ber 31, 2007, the Secretary of Housing and Urban Devel22 opment shall work with the Federal Emergency Manage23 ment Agency and State and local housing agencies to iden24 tify households who, as of the date of the enactment of 

25 this Act, are eligible for assistance under this section but 


cnoel on PROD1PC62 with BILLS
46 

•S 1668 IS

1 are not receiving assistance under this section. Upon iden2 tification of each such household, the Secretary shall— 

3 (1) notify such household of the housing options 

4 available under this Act; and 

5 (2) to the extent that the family is eligible for 

6 such options at such time of identification, offer the 

7 household assistance under this section. 

8 SEC. 302. TENANT REPLACEMENT VOUCHERS FOR ALL 

9 LOST UNITS. 

10 (a) IN GENERAL.—There are authorized to be appro11 priated such sums as may be necessary to provide tenant 

12 replacement vouchers under section 8 of the United States 

13 Housing Act of 1937 (42 U.S.C. 1437f) for the number 

14 of households that are equal to— 

15 (1) the number of assisted dwelling units 

16 (whether occupied or unoccupied) located in covered 

17 assisted multifamily housing projects (as such term 

18 is defined in section 308(e) of this Act) that are not 

19 approved for reuse or resiting by the Secretary of 

20 Housing and Urban Development; plus 

21 (2) the number of public housing dwelling units 

22 that, as of August 28, 2005, were located in areas 

23 affected by Hurricane Katrina and were considered 

24 for purposes of allocating operating and capital as25 sistance under section 9 of the United States HousVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
47 

•S 1668 IS

1 ing Act of 1937 (whether occupied or unoccupied), 

2 that will not be put back into use for occupancy; 

3 plus 

4 (3) the number of public housing dwelling units 

5 that, as of September 24, 2005, were located in 

6 areas affected by Hurricane Rita and were consid7 ered for purposes of allocating operating or capital 

8 assistance under section 9 of the United States 

9 Housing Act of 1937 (whether occupied or unoccu10 pied), that will not be put back into use for occu11 pancy; minus 

12 (4) the number of previously awarded enhanced 

13 vouchers for assisted dwelling units and tenant pro14 tection vouchers for public housing units covered 

15 under this section. 

16 (b) ALLOCATION.—Any amounts made available pur17 suant to this section shall, upon the request of a public 

18 housing agency for such voucher assistance, be allocated 

19 to the public housing agency based on the number of 

20 dwelling units described in paragraph (1) or (2) of sub21 section (a) that are located in the jurisdiction of the public 

22 housing agency. 

23 (c) ISSUANCE.—The Secretary of Housing and Urban 

24 Development shall issue replacement vouchers for all units 


cnoel on PROD1PC62 with BILLS
48 

•S 1668 IS

1 approved for reuse, resiting, or replacement that are not 

2 available for occupancy on January 1, 2010. 

3 SEC. 303. VOUCHER ASSISTANCE FOR HOUSEHOLDS RE4 CEIVING FEMA ASSISTANCE. 

5 (a) FEMA TRANSFER OF ASSISTANCE.—As of De6 cember 21, 2007, the Federal Emergency Management 

7 Agency shall transfer to the Secretary of Housing and 

8 Urban Development all of its authority and power relating 

9 to the administration of rental assistance, and funding for 

10 such rental assistance, under the Disaster Relief Fund es11 tablished under the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

13 (b) HUD ADMINISTRATION OF RENTAL ASSIST14 ANCE.— 

15 (1) IN GENERAL.—Beginning on January 1, 

16 2008, the Secretary of Housing and Urban Develop17 ment shall provide temporary housing assistance to 

18 households who received assistance under section 

19 408(c)(1) of the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 

21 5174(c)(1)) as follows: 

22 (A) REQUIRED TENANT ASSISTANCE.— 

23 Households receiving assistance shall be re24 quired to pay up to 30 percent of their income 

25 towards rent and utility costs. 


cnoel on PROD1PC62 with BILLS
49 

•S 1668 IS

1 (B) MINIMUM RENTAL AMOUNT.—The 

2 Secretary of Housing and Urban Development 

3 may implement a minimum rent of up to $100 

4 per month, only if the Secretary provides for 

5 hardship exemptions for households including 

6 seniors and people with disabilities. 

7 (C) LIMITATION ON EXCESSIVE RENTS.— 

8 The Secretary of Housing and Urban Develop9 ment shall work with landlords to minimize the 

10 payment of rents in excess of 120 percent of 

11 the fair market rent for comparable housing in 

12 the area. 

13 (2) DEFINITION OF FAIR MARKET RENT.—In 

14 this subsection, the term ‘‘fair market rent’’ means 

15 the rent (including utilities, except telephone serv16 ice), as determined by the Department of Housing 

17 and Urban Development, for units of varying sizes 

18 (by number of bedrooms), that must be paid in the 

19 market area to rent privately-owned, existing, de20 cent, safe, and sanitary rental housing of modest 

21 (nonluxury) nature with suitable amenities 

22 (c) RENTAL ASSISTANCE FOR HOUSEHOLDS RESID23 ING IN FEMA TRAILERS.— 

24 (1) PROVISION OF ASSISTANCE.—There are au25 thorized to be appropriated, for rental assistance, 


cnoel on PROD1PC62 with BILLS
50 

•S 1668 IS

1 such sums as may be necessary to provide such as2 sistance for each individual and household who, as 

3 of the date of the enactment of this Act, receives di4 rect assistance for temporary housing under section 

5 408(c)(2) of the Robert T. Stafford Disaster Relief 

6 and Emergency Assistance Act (42 U.S.C. 

7 5174(c)(2)) as a result of Hurricane Katrina, Rita, 

8 or Wilma and is eligible for tenant-based rental as9 sistance under section 8(o) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437f(o)). 

11 (2) OFFER.—Subject to the availability of ap12 propriations, the Secretary of Housing and Urban 

13 Development shall offer tenant-based rental assist14 ance under section 8(o) of the United States Hous15 ing Act of 1937 (42 U.S.C. 1437f(o)) to each indi16 vidual or household who, as of the date of enactment 

17 of this Act, is residing in a trailer provided by the 

18 Federal Emergency Management Agency as part of 

19 the direct assistance that individual or household re20 ceived under section 408(c)(2) of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance 

22 Act (42 U.S.C. 5174(c)(2)) as a result of Hurricane 

23 Katrina, Rita, or Wilma. 

24 (3) CONDITIONS ON ASSISTANCE.—The provi25 sion of temporary housing assistance under this subVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
51 

•S 1668 IS

1 section shall be subject to the following require2 ments: 

3 (A) REQUIRED TENANT ASSISTANCE.— 

4 Households receiving assistance shall be re5 quired to pay up to 30 percent of their income 

6 towards rent and utility costs. 

7 (B) MINIMUM RENTAL AMOUNT.—The 

8 Secretary of Housing and Urban Development 

9 may implement a minimum rent of up to $100 

10 per month, only if the Secretary provides for 

11 hardship exemptions for household including 

12 seniors and people with disabilities. 

13 (C) LIMITATION ON EXCESSIVE RENTS.— 

14 The Secretary of Housing and Urban Develop15 ment shall work with landlords to minimize the 

16 payment of rents in excess of 120 percent of 

17 the fair market rent for comparable housing in 

18 the area. 

19 (d) TEMPORARY ASSISTANCE.— 

20 (1) ELIGIBILITY.—Individuals or households re21 ceiving rental assistance under this section shall be 

22 eligible for such assistance only if they are eligible 

23 for tenant-based rental assistance under section 8(o) 

24 of the United States Housing Act of 1937 (42 

25 U.S.C. 1437f(o). 


cnoel on PROD1PC62 with BILLS
52 

•S 1668 IS

1 (2) EFFECT OF BECOMING INELIGIBLE.—If at 

2 any time an individual or household for whom a 

3 voucher for rental housing assistance is provided 

4 pursuant to this section becomes ineligible for fur5 ther such rental assistance— 

6 (A) the public housing agency admin7 istering such voucher pursuant to this section 

8 may not provide rental assistance under such 

9 voucher for any other household; 

10 (B) the Secretary of Housing and Urban 

11 Development shall recapture from such agency 

12 any remaining amounts for assistance attrib13 utable to such voucher and may not reobligate 

14 such amounts to any public housing agency; 

15 and 

16 (C) such voucher shall not be taken into 

17 consideration for purposes of determining any 

18 future allocation of amounts for such tenant19 based rental assistance for any public housing 

20 agency. 

21 SEC. 304. VOUCHER ASSISTANCE FOR SUPPORTIVE HOUS22 ING. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to provide 4,500 vouchers for project25 based rental assistance under section 8(o)(13) of the 


cnoel on PROD1PC62 with BILLS
53 

•S 1668 IS

1 United States Housing Act of 1937 (42 U.S.C. 

2 1437f(o)(13)), and 1,000 units under the Shelter Plus 

3 Care Program as authorized under subtitle F of title IV 

4 of the McKinney-Vento Homeless Assistance Act (42 

5 U.S.C. 11403 et seq.) for use in areas impacted by Hurri6 canes Katrina and Rita for supportive housing dwelling 

7 units for elderly families, persons with disabilities, or 

8 homeless persons. The Secretary of Housing and Urban 

9 Development shall make available to the State of Lou10 isiana or its designee or designees, upon request, 3,000 

11 of such vouchers. Subparagraphs (B) and (D) of section 

12 8(o)(13) of the United States Housing Act of 1937 (42 

13 U.S.C. 1437f(o)(13)) shall not apply with respect to 

14 vouchers made available under this section. 

15 SEC. 305. PROJECT-BASING OF VOUCHERS. 

16 The Secretary of Housing and Urban Development 

17 may waive the limitations on project-basing under section 

18 8(o)(13)(B) of the United States Housing Act of 1937 (42 

19 U.S.C. 1437f(o)(13)(B)) for public housing agencies lo20 cated in any area in which the President declared a major 

21 disaster as a result of Hurricane Katrina, Rita, or Wilma, 

22 if— 

23 (1) the public housing agency is working to 

24 project-base vouchers in— 

25 (A) a mixed-income community; or 


cnoel on PROD1PC62 with BILLS
54 

•S 1668 IS

1 (B) a low-poverty neighborhood, or a 

2 neighborhood undergoing revitalization; or 

3 (2) not more that 50 percent of any project is 

4 assisted under such 8(o)(13)(B), unless all units in 

5 such project are specifically designated for seniors or 

6 the disabled. 

7 SEC. 306. PRESERVATION OF PROJECT-BASED HOUSING AS8 SISTANCE PAYMENTS CONTRACTS FOR 

9 DWELLING UNITS DAMAGED OR DESTROYED. 

10 (a) TOLLING OF CONTRACT TERM.—Notwith11 standing any other provision of law, a project-based hous12 ing assistance payments contract for a covered assisted 

13 multifamily housing project shall not expire or be termi14 nated because of the damage or destruction of dwelling 

15 units in the project by Hurricane Katrina or Rita. The 

16 expiration date of the contract shall be deemed to be the 

17 later of the date specified in the contract or a date that 

18 is not less than 3 months after the dwelling units in the 

19 project or in a replacement project are first made habit20 able. 

21 (b) OWNER PROPOSALS FOR REUSE OR RESITING.— 

22 The Secretary of Housing and Urban Development shall 

23 promptly review and shall approve all feasible proposals 

24 made by owners of covered assisted multifamily housing 

25 projects submitted to the Secretary, not later than October 


cnoel on PROD1PC62 with BILLS
55 

•S 1668 IS

1 1, 2008, that provide for the rehabilitation of the project 

2 and the resumption of use of the assistance under the con3 tract for the project, or, alternatively, for the transfer, 

4 pursuant to subsection (c), of the contract or, in the case 

5 of a project with an interest reduction payments contract, 

6 of the remaining budget authority under the contact, to 

7 another multifamily housing project. 

8 (c) TRANSFER OF CONTRACT.—In the case of any 

9 covered assisted multifamily housing project, the Sec10 retary of Housing and Urban Development shall— 

11 (1) in the case of a project with a project-based 

12 rental assistance payments contract described in 

13 subparagraph (A), (B), or (C) of subsection (e)(2), 

14 transfer the contract to another appropriate and 

15 habitable existing project or a project to be con16 structed (having the same or a different owner); and 

17 (2) in the case of a project with an interest re18 duction payments contract pursuant to section 236 

19 of the National Housing Act, use the remaining 

20 budget authority under the contract for interest re21 duction payments to reduce financing costs with re22 spect to dwelling units in other habitable projects 

23 not currently so assisted, and such dwelling units 

24 shall be subject to the low-income affordability re25 strictions applicable to projects for which such payVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
56 

•S 1668 IS

1 ments are made under section 236 of the National 

2 Housing Act. 

3 (d) ALLOWABLE TRANSFERS.—A project-based rent4 al assistance payments contract may be transferred, in 

5 whole or in part, under subsection (c) to— 

6 (1) a project with the same or different number 

7 of units or bedroom configuration than the damaged 

8 or destroyed project if approximately the same num9 ber of individuals are expected to occupy the sub10 sidized units in the replacement project as occupied 

11 the damaged or destroyed project; or 

12 (2) multiple projects, including some on the 

13 same site, if approximately the same number of indi14 viduals are expected to occupy the subsidized units 

15 in the replacement projects as occupied the damaged 

16 or destroyed project. 

17 (e) DEFINITIONS.—For purposes of this section: 

18 (1) COVERED ASSISTED MULTIFAMILY HOUSING

19 PROJECT.—The term ‘‘assisted multifamily housing 

20 project’’ means a multifamily housing project that— 

21 (A) as of the date of the enactment of this 

22 Act, is subject to a project-based rental assist23 ance payments contract (including pursuant to 

24 subsection (a) of this section); and 


cnoel on PROD1PC62 with BILLS
57 

•S 1668 IS

1 (B) was damaged or destroyed by Hurri2 cane Katrina or Hurricane Rita of 2005. 

3 (2) PROJECT-BASED RENTAL ASSISTANCE PAY4 MENTS CONTRACT.—The term ‘‘project-based rental 

5 assistance payments contract’’ includes— 

6 (A) a contract entered into pursuant to 

7 section 8 of the United States Housing Act of 

8 1937 (42 U.S.C. 1437f); 

9 (B) a contract for project rental assistance 

10 pursuant to section 202(c)(2) of the Housing 

11 Act of 1959 (12 U.S.C. 1701q(c)(2)); 

12 (C) a contract for project rental assistance 

13 pursuant to section 811(d)(2) of the Cranston14 Gonzalez National Affordable Housing Act (42 

15 U.S.C. 8013(d)(2)); and 

16 (D) an interest reduction payments con17 tract pursuant to section 236 of the National 

18 Housing Act (12 U.S.C. 1715z–1). 

19 SEC. 307. GAO STUDY OF WRONGFUL OR ERRONEOUS TER20 MINATION OF FEDERAL RENTAL HOUSING 

21 ASSISTANCE. 

22 The Comptroller General of the United States shall 

23 conduct a study of households that received Federal assist24 ance for rental housing in connection with Hurricanes 

25 Katrina and Rita to determine if the assistance for any 


cnoel on PROD1PC62 with BILLS
58 

•S 1668 IS

1 such households was wrongfully or erroneously termi2 nated. The Comptroller General shall submit a report to 

3 the Congress not later than January 1, 2008, on the re4 sults of the study, which shall include an estimate of how 

5 many households were subject to such wrongful or erro6 neous termination and how many of those households have 

7 incomes eligible for the household to receive tenant-based 

8 rental assistance under section 8 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437f). 

10 TITLE IV—DAMAGES ARISING 

11 FROM FEMA ACTIONS 

12 SEC. 401. REIMBURSEMENT OF LANDLORDS. 

13 There are authorized to be appropriated, from 

14 amounts made available before the date of the enactment 

15 of this Act under any provision of law to the Federal 

16 Emergency Management Agency for disaster relief under 

17 the Robert T. Stafford Disaster Relief Emergency Assist18 ance Act, such sums as may be necessary for the Adminis19 trator of the Federal Emergency Management Agency to 

20 provide reimbursement to each landlord who entered into 

21 leases to provide emergency sheltering in response to Hur22 ricane Katrina, Rita, or Wilma of 2005, pursuant to the 

23 program of the Federal Emergency Management Agency 

24 pursuant to section 403 of the Robert T. Stafford Disaster 

25 Relief and Emergency Assistance Act (42 U.S.C. 5170b) 


cnoel on PROD1PC62 with BILLS
59 

•S 1668 IS

1 in the amount of actual, documented damages incurred 

2 by such landlord as a result of abrogation by such Agency 

3 of commitments entered into under such program, but not 

4 including reimbursement for any such landlord to the ex5 tent that such landlord has previously received reimburse6 ment for such damages under any other Federal or non7 Federal program. 

8 TITLE V—FHA HOUSING 

9 SEC. 501. TREATMENT OF NONCONVEYABLE PROPERTIES. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, in the case of any property consisting of a 

12 1- to 4-family residence that is subject to a mortgage in13 sured under title II of the National Housing Act (12 

14 U.S.C. 1707 et seq.) and was damaged or destroyed as 

15 a result of Hurricane Katrina or Rita of 2005, if there 

16 was no failure on the part of the mortgagee or servicer 

17 to provide hazard insurance for the property or to provide 

18 flood insurance coverage for the property to the extent 

19 such coverage is required under Federal law, the Secretary 

20 of Housing and Urban Development— 

21 (1) may not deny conveyance of title to the 

22 property to the Secretary and payment of the bene23 fits of such insurance on the basis of the condition 

24 of the property or any failure to repair the property; 


cnoel on PROD1PC62 with BILLS
60 

•S 1668 IS

1 (2) may not reduce the amount of such insur2 ance benefits to take into consideration any costs of 

3 repairing the property; and 

4 (3) with respect to a property that is destroyed, 

5 condemned, demolished, or otherwise not available 

6 for conveyance of title, may pay the full benefits of 

7 such insurance to the mortgagee notwithstanding 

8 that such title is not conveyed. 

9 (b) BUDGET ACT COMPLIANCE.—Insurance claims 

10 may be paid in accordance with subsection (a) only to the 

11 extent or in such amounts as are or have been provided 

12 in advance in appropriations Acts for the costs (as such 

13 term is defined in section 502 of the Federal Credit Re14 form Act of 1990 (2 U.S.C. 661(a)) of such claims. 

15 SEC. 502. FHA SINGLE-FAMILY INSURANCE. 

16 In determining the eligibility of any individual whose 

17 residence was damaged or destroyed as a result of Hurri18 cane Katrina and who was current on their mortgage prior 

19 to August 28, 2005, for mortgage insurance under section 

20 203 of the National Housing Act (12 U.S.C. 1709), the 

21 Secretary of Housing and Urban Development shall look 

22 at the creditworthiness of such individual, as such credit23 worthiness was established prior to August 28, 2005. 


cnoel on PROD1PC62 with BILLS
61 

•S 1668 IS

1 SEC. 503. FHA-NEW ORLEANS HOMEOWNERSHIP OPPORTU2 NITIES INITIATIVE. 

3 (a) ESTABLISHMENT.—There is established within 

4 the Department of Housing and Urban Development an 

5 FHA-New Orleans Homeownership Opportunities Initia6 tive (in this section referred to as the ‘‘Initiative’’), which 

7 shall provide for the conveyance or transfer of eligible 

8 homes to the New Orleans Redevelopment Authority for 

9 use in the pilot program established in section 103 of this 

10 Act. 

11 (b) ELIGIBLE HOMES.—For purposes of this section, 

12 an eligible home is a 1, 2, 3, or 4-family residence or 

13 multi-family project— 

14 (1) that is either vacant, abandoned, or has 

15 been foreclosed upon, subject to subsection 

16 (e)(2)(B), by the Secretary of Housing and Urban 

17 Development; 

18 (2) to which the Secretary holds title; and 

19 (3) which is not occupied by a person legally 

20 entitled to reside in such residence or project. 

21 (c) REPORTS.— 

22 (1) INITIAL LIST OF PROPERTIES.—Not later 

23 than 30 days after the date of enactment of this 

24 Act, the Secretary of Housing and Urban Develop25 ment shall submit a report to the Committee on 

26 Banking, Housing, and Urban Affairs of the Senate, 


cnoel on PROD1PC62 with BILLS
62 

•S 1668 IS

1 the Committee on Financial Services of the House of 

2 Representatives, and the New Orleans Redevelop3 ment Authority listing all eligible homes in the New 

4 Orleans area, including a list of homes in default 

5 where foreclosure by the Secretary is imminent. 

6 (2) UPDATED LISTS.—Not later than 90 days 

7 after the initial report is submitted under paragraph 

8 (1), and every 90 days thereafter, the Secretary of 

9 Housing and Urban Development shall submit a fol10 low-up report to the Committees and entities de11 scribed in paragraph (1) listing all— 

12 (A) new eligible homes; and 

13 (B) 1, 2, 3, or 4-family residences or 

14 multi-family projects in the New Orleans 

15 area— 

16 (i) that have been foreclosed upon by 

17 the Secretary, or are in default and where 

18 foreclosure is imminent; and 

19 (ii) where the Secretary has taken all 

20 necessary actions to avoid such foreclosure. 

21 (d) DONATED PROPERTY.—The Secretary of Hous22 ing and Urban Development, at any time, may accept, 

23 manage, and convey to the New Orleans Redevelopment 

24 Authority and residential property donated to the SecVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
63 

•S 1668 IS

1 retary by a nongovernmental entity for purposes of this 

2 section. 

3 (e) CONVEYANCE OF PROPERTIES.— 

4 (1) REQUEST BY NORA.—Not later than 30 

5 days after any report is submitted under subsection 

6 (c), the New Orleans Redevelopment Authority shall, 

7 in writing, request that the Secretary of Housing 

8 and Urban Development convey any and all eligible 

9 homes listed in such report. 

10 (2) HUD ACTION.— 

11 (A) IN GENERAL.—Not later than 30 days 

12 after the receipt of any request under para13 graph (1), the Secretary of Housing and Urban 

14 Development shall convey to the New Orleans 

15 Redevelopment Authority, at no cost, title to 

16 any eligible home requested by the Authority. 

17 (B) LIMITATION.—The Secretary of Hous18 ing and Urban Development may only convey 

19 title to an eligible home that is eligible solely 

20 because the Secretary foreclosed upon such 

21 home, if the Secretary had taken all necessary 

22 actions to avoid such foreclosure. 

23 (f) USE OF ELIGIBLE PROPERTIES.—Any eligible 

24 home conveyed or transferred to the New Orleans RedevelVerDate Aug 31 2005 00:44 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

cnoel on PROD1PC62 with BILLS
64 

•S 1668 IS

1 opment Authority under this section shall be used in the 

2 following manner: 

3 (1) MINIMUM USE REQUIREMENT.—Such home 

4 shall be sold, conveyed, or included in redevelopment 

5 within 18 months of such conveyance or transfer, 

6 and shall be redeveloped to meet applicable local 

7 building codes so as to ensure that such home— 

8 (A) will be adequately rehabilitated to sup9 port sustainable homeownership; and 

10 (B) may be in such physical condition that 

11 it can be offered for sale for habitation or occu12 pancy within 36 months of such conveyance or 

13 transfer. 

14 (2) LOW-INCOME OCCUPANCY REQUIREMENT.— 

15 Notwithstanding any other redevelopment plans, the 

16 New Orleans Redevelopment Authority shall ensure 

17 that a number of homes equal to the number of 

18 homes transferred or conveyed by the Secretary 

19 under this section are redeveloped and sold by the 

20 Authority to low-income households, at a price that 

21 is affordable to such households, subject to the fol22 lowing requirements: 

23 (A) Redevelopment of such eligible homes 

24 will be done in concert with other redevelop25 ment activities, as described in section 103. 


cnoel on PROD1PC62 with BILLS
65 

•S 1668 IS

1 (B) Preference for purchase of such eligi2 ble homes will be given to households— 

3 (i) who have received pre-purchase 

4 homeownership counseling; and 

5 (ii) which are comprised of individuals 

6 who on August 28, 2005, were residents of 

7 the City of New Orleans and— 

8 (I) had, with respect to any 

9 dwelling in the City of New Orleans, 

10 a valid and nonexpired lease for such 

11 dwelling; 

12 (II) owned a home in the City of 

13 New Orleans, but who did not receive 

14 funds under the Road Home program; 

15 or 

16 (III) received housing vouchers 

17 under section 8 of the United States 

18 Housing Act of 1937 (42 U.S.C. 

19 1437f), or lived in public housing. 

20 (3) PRIMARY RESIDENCE REQUIREMENT.— 

21 (A) IN GENERAL.—The individual or 

22 household buying such eligible home shall agree 

23 to use the home as their primary residence for 

24 5 years. 


cnoel on PROD1PC62 with BILLS
66 

•S 1668 IS

1 (B) LIMITATION ON FLIPPING.—The New 

2 Orleans Redevelopment Authority shall ensure, 

3 by any means, including by the use of restric4 tive covenants, that if the individual or house5 hold who purchased the home from the Author6 ity sells the home within 5 years of such pur7 chase, that such sale shall only be valid if the 

8 subsequent buyer is a low-income individual or 

9 household. 

10 (4) SALE PRICE REQUIREMENT.—The New Or11 leans Redevelopment Authority or its redevelopment 

12 partners shall sell eligible homes at a discounted 

13 price that is affordable to families at or below 80 

14 percent of area median income. 

15 (5) EXCESS PROFIT TO BE RETURNED TO

16 HUD.—Any profit on the sale of home received by 

17 the New Orleans Redevelopment Authority or a de18 veloper for the sale of an eligible home above the re19 development costs of such home shall be paid to the 

20 Secretary of Housing and Urban Development. 

21 (g) COUNSELING.—The New Orleans Redevelopment 

22 Authority shall work with local nonprofit housing coun23 seling agencies to provide pre-purchase counseling to any 

24 interested individuals or households who seek to purchase 

25 an eligible home from the Authority under this section, 


cnoel on PROD1PC62 with BILLS
67 

•S 1668 IS

1 as required to receive preference under subsection 

2 (f)(2)(B). 

3 (h) INSPECTION PROCESS.—The New Orleans Rede4 velopment Authority shall establish a process to inspect 

5 all eligible homes prior to sale under this section to ensure 

6 that such homes— 

7 (1) meet local building codes; 

8 (2) need no further rehabilitation; and 

9 (3) are safe for habitation and occupation. 

10 (i) RECAPTURE PROCEDURES.—The Secretary of 

11 Housing and Urban Development, in consultation with the 

12 New Orleans Redevelopment Authority, shall establish 

13 procedures to recapture amounts in instances where— 

14 (1) eligible homes are not sold to low-income 

15 families; 

16 (2) eligible home prices exceed redevelopment 

17 costs; and 

18 (3) eligible homes sold are not used as the pur19 chaser’s primary residences for 5 years. 

20 (j) COMPLIANCE REPORTS.— 

21 (1) IN GENERAL.—The New Orleans Redevelop22 ment Authority shall submit such information as the 

23 Secretary of Housing and Urban Development re24 quires to ensure that eligible homes are being used 

25 as required under subsection (f). If at any time, the 


cnoel on PROD1PC62 with BILLS
68 

•S 1668 IS

1 Secretary determines the Authority is in noncompli2 ance with the requirements under subsection (f), the 

3 Secretary shall, not later than 15 days after making 

4 such determination, notify, in writing, the Com5 mittee on Banking, Housing, and Urban Affairs of 

6 the Senate, and the Committee on Financial Serv7 ices of the House of Representatives. 

8 (2) STATUS REPORT.—Not later than 3 years 

9 after the date of enactment of this Act, and again 

10 not later than 5 years after the date of enactment 

11 of this Act, the New Orleans Redevelopment Author12 ity shall submit a report to the Committee on Bank13 ing, Housing, and Urban Affairs of the Senate, and 

14 the Committee on Financial Services of the House of 

15 Representative on the implementation, status, and 

16 execution of the Initiative established under this sec17 tion. 

18 (k) TERMINATION.—The Secretary of Housing and 

19 Urban Development shall not convey or transfer, and the 

20 New Orleans Redevelopment Authority shall not accept, 

21 any property under this section after 5 years from the date 

22 of enactment of this Act. 


cnoel on PROD1PC62 with BILLS
69 

•S 1668 IS

1 TITLE VI—FAIR HOUSING 

2 ENFORCEMENT 

3 SEC. 601. FAIR HOUSING INITIATIVES PROGRAM. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out section 561 of 

6 the Housing and Community Development Act of 1987 

7 (42 U.S.C. 3616a), in each of fiscal years 2008 and 2009, 

8 such sums as may be necessary, but not less than 

9 $5,000,000, for areas affected by Hurricanes Katrina and 

10 Rita, of which, in each such fiscal year— 

11 (1) 60 percent shall be available only for private 

12 enforcement initiatives for qualified private enforce13 ment fair housing organizations authorized under 

14 subsection (b) of such section, and, of the amount 

15 made available in accordance with this paragraph, 

16 the Secretary shall set aside an amount for multi17 year grants to qualified fair housing enforcement or18 ganizations; 

19 (2) 20 percent shall be available only for activi20 ties authorized under paragraphs (1) and (2) of sub21 section (c) of such section; and 

22 (3) 20 percent shall be available only for edu23 cation and outreach programs authorized under sub24 section (d) of such section. 


cnoel on PROD1PC62 with BILLS
70 

•S 1668 IS

1 (b) LOW FUNDING.—If the total amount appro2 priated to carry out the Fair Housing Initiatives Program 

3 for either fiscal year 2008 or 2009 is less than 

4 $50,000,000, not less than 5 percent of such total amount 

5 appropriated for such fiscal year shall be available for the 

6 areas described in subsection (a) for the activities de7 scribed in paragraphs (1), (2), and (3) of such subsection. 

8 (c) AVAILABILITY.—Any amounts appropriated 

9 under this section shall remain available until expended. 

10 TITLE VII—IMPROVED DIS11 TRIBUTION OF FEDERAL 

12 HURRICANE HOUSING FUNDS 

13 FOR HURRICANE RELIEF 

14 SEC. 701. GAO STUDY OF IMPROVED DISTRIBUTION OF 

15 FEDERAL HOUSING FUNDS FOR HURRICANE 

16 RELIEF. 

17 (a) STUDY.—The Comptroller General of the United 

18 States shall conduct a study to examine methods of im19 proving the distribution of Federal housing funds to assist 

20 States covered by this Act with recovery from hurricanes, 

21 which shall include identifying and analyzing— 

22 (1) the Federal and State agencies used in the 

23 past to disburse such funds and the strengths and 

24 weakness of existing programs; 


cnoel on PROD1PC62 with BILLS
71 

•S 1668 IS

1 (2) the means by and extent to which critical 

2 information relating to hurricane recovery, such as 

3 property valuations, is shared among various State 

4 and Federal agencies; 

5 (3) program requirements that create impedi6 ments to the distribution of such funds that can be 

7 eliminated or streamlined; 

8 (4) housing laws and regulations that have 

9 caused programs to be developed in a manner that 

10 complies with statutory requirements but fails to 

11 meet the housing objectives or needs of the States 

12 or the Federal Government; 

13 (5) laws relating to privacy and impediments 

14 raised by housing laws to the sharing, between the 

15 Federal Government and State governments, and 

16 private industry, of critical information relating to 

17 hurricane recovery; 

18 (6) methods of streamlining applications for 

19 and underwriting of Federal housing grant or loan 

20 programs; and 

21 (7) how to establish more equitable Federal 

22 housing laws regarding duplication of benefits. 

23 (b) REPORT.—Not later than 6 months after the date 

24 of the enactment of this Act, the Comptroller General shall 

25 submit to the Congress a report describing the results of 


cnoel on PROD1PC62 with BILLS
72 

•S 1668 IS

1 the study and any recommendations regarding the issues 

2 analyzed under the study. 

3 TITLE VIII—COMMENDING 

4 AMERICANS FOR THEIR RE5 BUILDING EFFORTS 

6 SEC. 801. COMMENDING AMERICANS. 

7 (a) CONGRESSIONAL FINDINGS.—The Congress finds 

8 that— 

9 (1) over 500,000 individuals in the United 

10 States have volunteered their time in helping rebuild 

11 the Gulf Coast region in the aftermath of Hurri12 cane’s Katrina and Rita; 

13 (2) over $3,500,000,000 in cash and in-kind do14 nations have been made for hurricane victims; 

15 (3) 110,000,000 pounds of food have been dis16 tributed by Catholic Charities’ Food Bank through 

17 hurricane relief efforts; 

18 (4) almost 7,000,000 hot meals have been 

19 served by Salvation Army volunteers in hurricane re20 lief efforts; 

21 (5) over 10,000,000 college students have de22 voted their spring and fall breaks to hurricane relief 

23 efforts; 


cnoel on PROD1PC62 with BILLS
73 

•S 1668 IS

1 (6) almost 20,000 families displaced as a result 

2 of the hurricanes have been supported by Traveler’s 

3 Aid volunteers; and 

4 (7) faith based and community organizations 

5 donated thousands of man-hours, as well as assist6 ance, to evacuees and assistance in clean-up and re7 covery in the Gulf States. 

8 (b) COMMENDATION.—The Congress hereby com9 mends the actions and efforts by the remarkable individ10 uals and organizations who contributed to the hurricane 

11 relief effort and recognizes that the rebuilding of the Gulf 

12 Coast region rests on the selfless dedication of private in13 dividuals and community spirit. 

Æ 


cnoel on PROD1PC62 with BILLS