cane Dennis that remain unobligated, such sums as may 
be necessary to be made available to the Director of the 
Federal Emergency Management Agency for transfer to 
the Secretary of Housing and Urban Development, for 
such Secretary to provide assistance under title I of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.) to metropolitan cities and urban 
counties that used amounts previously made available 
under such title to provide rental housing assistance for 
families residing in such city or county pursuant to evacu-
ation from their previous residences because of such hurri-
canes in the amount necessary to provide each such city 
and county with an amount equal to the aggregate amount 
of previous assistance under such title so used. 
TITLE II—PUBLIC HOUSING 
SEC. 201. SURVEY OF PUBLIC HOUSING RESIDENTS. 
(a) SURVEY.—The Secretary of Housing and Urban 
Development shall provide for the conducting of a survey, 
using appropriate scientific research methods, by an inde-
pendent entity or organization, to determine, of the house-
holds who as of August 28, 2005, resided in public hous-
ing (as such term is defined in section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 1437a(b))) oper-
ated or administered by the Housing Authority of New 
Orleans, in Louisiana—
(1) which and how many such households in-
tend to return to residences in dwelling units de-
scribed in section 202(d) of this Act, when presented 
with the options of—
(A) returning to residence in a repaired 
public housing or comparable dwelling unit in 
New Orleans; or 
(B) continuing to receive rental housing 
assistance from the Federal Government; and 
(2) when such households intend to return. 
(b) PARTICIPATION OF RESIDENTS.—The Secretary 
shall solicit recommendations from resident councils and 
residents of public housing operated or administered by 
such Housing Authority in designing and conducting the 
survey under subsection (a). 
(c) PROPOSED SURVEY DOCUMENT.—The Secretary 
shall submit the full research design of the proposed docu-
ment to be used in conducting the survey to the Com-
mittee on Financial Services of the House of Representa-
tives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate not less than 10 business days before 
the commencement of such survey. 
(d) REPORT.—The Secretary shall submit a report 
the Committees referred to in subsection (c) detailing the 
results of the survey conducted under subsection (a) not
later than 60 days after the date of the enactment of this 
Act. 
SEC. 202. RIGHT OF RETURN FOR PREVIOUS RESIDENTS OF 
PUBLIC HOUSING. 
(a) 
REQUIREMENT
TO
PROVIDE
DWELLING 
UNITS.—Not later than August 1, 2007, the Housing Au-
thority of New Orleans shall make available for occupancy, 
subject to subsection (b), a number of dwelling units (in-
cluding those currently occupied) described in subsection 
(d) that is not less than the greater of—
(1) 3,000; or 
(2) the number of households who have indi-
cated, in the survey conducted pursuant to section 
201, that they intend to return to residence in public 
housing operated or administered by such public 
housing agency. 
(b) RIGHT OF RETURN.—
(1) IN GENERAL.—Subject only to subsection 
(c), the Housing Authority of New Orleans shall 
make available, upon the request of any household 
who, as of August 28, 2005, was a tenant of public 
housing operated or administered by such public 
housing agency, occupancy for such household in a 
dwelling unit provided pursuant to subsection (a). 
As a condition of exercising a right under this para-
graph to occupancy in such a dwelling unit, not later 
than August 1, 2007, a tenant shall provide notice 
to such Housing Authority of intent to exercise such 
right and shall identify a date that the tenant in-
tends to occupy such a dwelling unit, which shall not 
be later than October 1, 2007. 
(2) PREFERENCES.—In making dwelling units 
available to households pursuant to paragraph (1), 
such Housing Authority shall provide preference to 
each such household for occupancy in a dwelling unit 
in the following locations, in the following order: 
(A) A dwelling unit in the same public 
housing project occupied by the household as of 
August 28, 2005, if available. 
(B) A dwelling unit in the same census 
tract in which was located the public housing 
dwelling unit occupied by the household as of 
August 28, 2005, if available. 
(C) A dwelling unit in a census tract adja-
cent to the census tract in which was located 
the public housing dwelling unit occupied by the 
household as of August 28, 2005, if available. 
(D) A dwelling unit in the neighborhood in 
which was located the public housing dwelling
unit occupied by the household as of August 28, 
2005, if available. 
(c) PROHIBITION OF EXCLUSION.—The Housing Au-
thority of New Orleans, and any other manager of replace-
ment dwelling units set forth in this section shall not, in-
cluding through the application of any waiting list or eligi-
bility, screening, occupancy, or other policy or practice, 
prevent any household referred to in subsection (b)(1) 
from occupying a replacement dwelling unit provided pur-
suant to subsection (a), except that such Housing Author-
ity or other manager shall prevent a household from occu-
pying such a dwelling unit, and shall provide priority for 
occupancy in such dwelling units, as follows: any other 
provision of Federal law prohibits occupancy or tenancy 
of such household in the type of housing of the replace-
ment dwelling unit provided for such household. 
(1) Notwithstanding any priority under para-
graphs (4) through (6), a household shall be pre-
vented from such occupancy to the extent that any 
other provision of Federal law prohibits occupancy 
or tenancy of such household, or any individual who 
is a member of such household, in the type of hous-
ing of the replacement dwelling unit provided for 
such household.
(2) Notwithstanding any priority under para-
graphs (4) through (6), a household shall be pre-
vented from such occupancy if it includes any indi-
vidual who has been convicted of a drug dealing of-
fense, sex offense, or crime of domestic violence. 
(3) Notwithstanding any priority under para-
graphs (4) through (6), a household shall be pre-
vented from such occupancy on the basis of a deter-
mination that occupancy of any individual who is a 
member of the household may constitute a threat to 
public safety, including a threat caused by occu-
pancy that would facilitate reunification of members 
of gangs involved in criminal activity. 
(4) Priority in such occupancy shall be provided 
to individuals who are employed or households that 
include individuals who are employed. 
(5) Priority in such occupancy in public housing 
dwelling units shall be provided to—
(A) individuals who agree to contribute to-
ward community service, or to participate in an 
economic self-sufficiency program for, more 
hours per month than is required under section 
12(c) of the United States Housing Act of 1937 
(42 U.S.C. 1437j(c));
(B) individuals who, under paragraph (2) 
of section 12(c) of the United States Housing 
Act of 1937, are exempt from the requirement 
under paragraph (1) of such section; and 
(C) households that include such individ-
uals. 
(6) A household that consists of a family or 
youth described in section 8(x)(2) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(x)(2); 
relating to family unification) shall be provided pri-
ority in such occupancy. 
The Secretary of Housing and Urban Development shall 
issue regulations to carry out the exceptions under para-
graphs (1) through (6). 
(d) REPLACEMENT DWELLING UNITS.—A dwelling 
unit described in this subsection is—
(1) a dwelling unit in public housing operated 
or administered by the Housing Authority of New 
Orleans; or 
(2) a dwelling unit in other comparable housing 
located in the jurisdiction of the Housing Authority 
of New Orleans for which the sum of the amount re-
quired to be contributed by the tenant for rent and 
any separate utility costs for such unit borne by the 
tenant is comparable to the sum of the amount re-