HR 1227 RFS
section (a)(3) that has been expended by such Au-
thority and, pursuant to such monitoring— 
(A) upon determining that at least two 
percent of such amount has been expended, 
shall include in the first quarterly report there-
after a written determination of such expendi-
ture; and 
(B) upon determining, at any time after 
the determination under subparagraph (A), that 
the portion of such total amount expended at 
such time that was subject to waste, fraud, or 
abuse exceeds 10 percent, shall include in the 
first quarterly report thereafter a certification 
to that effect. 
(3) ACTIONS IN RESPONSE TO WASTE, FRAUD, 
AND ABUSE.—If at any time the Comptroller Gen-
eral submits a report under paragraph (1) that in-
cludes a certification under paragraph (2)(B)— 
(A) the Committee on Financial Services 
of the House of Representatives and the Com-
mittee on Banking, Finance, and Urban Affairs 
of the Senate shall each hold hearings within 60 
days to identify the reasons for such waste, 
fraud, and abuse; and 
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
(B) the Comptroller General shall submit a 
report to the Committees referred to in para-
graph (1) within 90 days recommending actions 
to be taken to prevent further waste fraud and 
abuse in expenditure of such amounts. 
SEC. 102. TREATMENT OF BENEFITS FROM OTHER PRO-
GRAMS UNDER ROAD HOME PROGRAM. 
(a) IN GENERAL.—Subject to subsection (b) and not-
withstanding any other provision of law, to the extent that 
amounts made available under the heading ‘‘Department 
of Housing and Urban Development-Community Planning 
and Development—Community Development Fund’’ in 
chapter 9 of title I of division B of Public Law 109–148 
(119 Stat. 2779), under such heading in chapter 9 of title 
II of Public Law 109–234 (120 Stat. 472), and under sec-
tion 101 of this title, are used by the State of Louisiana 
under the Road Home program, the procedures preventing 
duplication of benefits established pursuant to the penul-
timate proviso under such heading in Public Law 109– 
148 (119 Stat. 2781) and the 15th proviso under such 
heading in Public Law 109–234 (120 Stat. 473) shall not 
apply with respect to any benefits received from hazard 
insurance, flood insurance, or disaster payments from the 
Federal Emergency Management Agency, except to the ex-
tent that the inapplicability of such procedures would re-
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
sult in a windfall gain under the Road Home Program 
to any person. 
(b) APPLICABILITY.—During the period consisting of 
fiscal years 2008 through 2012, the Secretary of Housing 
and Urban Development shall monitor the expenditure, 
under the Road Home Program, of amounts referred to 
in subsection (a) that were made available from Public 
Laws 109–148 and 109–234. If at any time during such 
period the cumulative outlays resulting from the inapplica-
bility, pursuant to subsection (a), of the procedures re-
ferred to in such subsection preventing duplication of ben-
efits exceed $1,250,000,000, the Secretary shall suspend 
the applicability of subsection (a) for the remainder of 
such period. 
SEC. 103. ELIMINATION OF PROHIBITION OF USE FOR 
MATCH REQUIREMENT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, any amounts made available before the date 
of the enactment of this Act for activities under the com-
munity development block grant program under title I of 
the Housing and Community Development Act of 1974 
(42 U.S.C. 5301 et seq.) for expenses related to disaster 
relief, long-term recovery, and restoration of infrastruc-
ture in the areas impacted or distressed by the con-
sequences of Hurricane Katrina, Rita, or Wilma in States 
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
for which the President declared a major disaster, or made 
available before such date of enactment for such activities 
for such expenses in the areas impacted or distressed by 
the consequences of Hurricane Dennis, may be used by 
a State or locality as a matching requirement, share, or 
contribution for any other Federal program. 
(b) EFFICIENT
ENVIRONMENTAL
REVIEW.—Not-
withstanding any other provision of law, when a State, 
unit of general local government, or Indian tribe, or De-
partment of Hawaiian Home Lands uses amounts referred 
to in subsection (a), the release of which would otherwise 
be subject to environmental reviews under the procedures 
authorized under section 104(g) of the Housing and Com-
munity Development Act of 1974 (42 U.S.C. 5304(g)), to 
match or supplement the federal assistance provided under 
section 402, 403, 406, 407, or 502 of Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and the 
Director of the Federal Emergency Management Agency 
conducts an environmental review that encompasses all ac-
tivities assisted by such matching funds, the Director’s en-
vironmental review shall satisfy all of the environmental 
responsibilities that would otherwise be assumed by the 
State, unit of general local government, Indian tribe, or 
Department of Hawaiian Home Lands under such section 
104(g), and the requirements and procedures of such pro-
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
vision, including assumption of environmental review re-
sponsibilities and submission and approval of a request for 
release of funds and certification, shall be inapplicable, if, 
prior to its commitment of any matching funds for such 
activities, the State, unit of general local government, In-
dian tribe, or Department of Hawaiian Home Lands noti-
fies the Director and the Secretary of Housing and Urban 
Development that it elects to defer to the Director’s envi-
ronmental review responsibilities. If a deferral is elected 
under this subsection, the Director shall be the responsible 
party for any liability under the applicable law if the envi-
ronmental review as described in the preceding sentence 
is deficient in any manner. 
SEC. 104. REIMBURSEMENT OF CDBG AMOUNTS USED FOR 
RENTAL HOUSING ASSISTANCE. 
There are authorized to be appropriated, from any 
amounts made available before the date of the enactment 
of this Act under any provision of law to the Federal 
Emergency Management Agency for disaster relief under 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act relating to the consequences of Hurricane 
Katrina, Rita, or Wilma that remain unobligated, and 
from any amounts made available before such date of en-
actment under any provision of law to such Agency for 
such disaster relief relating to the consequences of Hurri-
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
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— 
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
(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 
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
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-
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
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 
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
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. 
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS
HR 1227 RFS
(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)); 
VerDate Aug 31 2005 
06:22 Mar 24, 2007
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1227.RFS
H1227
mstockstill on PROD1PC66 with BILLS