[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1227 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1227

To assist in the provision of affordable housing to low-income families 
                     affected by Hurricane Katrina.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2007

Ms. Waters (for herself and Mr. Frank of Massachusetts) introduced the 
   following bill; which was referred to the Committee on Financial 
   Services, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To assist in the provision of affordable housing to low-income families 
                     affected by Hurricane Katrina.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Hurricane Housing 
Recovery Act of 2007''.

              TITLE I--COMMUNITY DEVELOPMENT BLOCK GRANTS

SEC. 101. FLEXIBILITY OF FEDERAL FUNDS FOR ROAD HOME PROGRAM.

    (a) Flexibility of Funds.--Subject to subsection (b) and 
notwithstanding any other provision of law, of the amounts previously 
made available to the Louisiana Recovery Authority under the Hazard 
Mitigation Grants program of the Federal Emergency Management Agency, 
$1,200,000,000 of such unexpended amounts shall be considered to have 
been made available to such Authority under the terms of the heading 
relating to ``Department of Housing and Urban Development--Community 
Planning and Development--Community Development Fund'' in chapter 9 of 
title II of Public Law 109-234 (120 Stat. 472) and approved by the 
Secretary of Housing and Urban Development for use under the Road Home 
Program of such Authority.
    (b) Monthly Reports on Program.--
            (1) In general.--The Louisiana Recovery Authority shall 
        submit reports under this subsection regarding the Road Home 
        Program to the Committee on Financial Services of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate. Each report under this subsection 
        shall describe and analyze the implementation, status, and 
        effectiveness of the Road Home Program and shall include the 
        following information, for the applicable reporting period and 
        for the entire period of the program:
                    (A) The number of applications submitted for 
                assistance under the program.
                    (B) The number of households for which assistance 
                has been provided under the program.
                    (C) The average amount of assistance provided for 
                each household under the program and the total amount 
                of assistance provided under the program.
                    (D) The number of personnel involved in executing 
                all aspects of the program.
                    (E) Actions taken to improve the program and 
                recommendations for further such improvements.
            (2) Reporting periods.--The first report under this 
        subsection shall be submitted not later than the expiration of 
        the 30-day period that begins upon the date of the enactment of 
        this Act and reports shall be submitted not later than the 
        expiration of each successive 30-day period thereafter during 
        the term of the program.

SEC. 102. ELIMINATION OF PROHIBITION OF USE FOR MATCH REQUIREMENT.

    Notwithstanding any other provision of law, any amounts made 
available before the date of the enactment of this Act for activities 
under the community 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 infrastructure in the areas impacted or distressed by 
the consequences of Hurricane Katrina, Rita, or Wilma in States for 
which the President declared a major disaster may be used by a State or 
locality as a matching requirement, share, or contribution for any 
other Federal program.

SEC. 103. 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 Assistance Act relating to the consequences of Hurricane 
Katrina, Rita, or Wilma that remain unobligated, such sums as may be 
necessary for the Secretary of Housing and Urban Development 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 evacuation from their previous residences because 
of such hurricanes 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, by an independent entity or 
organization, to determine, of the households who as of August 25, 
2005, resided in public housing (as such term is defined in section 
3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) 
operated or administered by the Housing Authority of New Orleans, in 
Louisiana--
            (1) which and how many such households intend to return to 
        residence in such public housing or a comparable unit, 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 
proposed document to be used in conducting the survey to the Committee 
on Financial Services of the House of Representatives 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 45 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 Authority of New Orleans shall make available for 
occupancy, subject to subsection (b), a number of dwelling units 
(including 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 indicated, 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 25, 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 paragraph 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 intends 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 25, 
                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 25, 2005, if 
                available.
                    (C) A dwelling unit in a census tract adjacent to 
                the census tract in which was located the public 
                housing dwelling unit occupied by the household as of 
                August 25, 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 25, 2005, if available.
    (c) Prohibition of Exclusion.--The Housing Authority of New 
Orleans, and any other manager of replacement dwelling units set forth 
in this section shall not, including through the application of any 
waiting list or eligibility, screening, occupancy, or other policy or 
practice, prevent any household referred to in subsection (b)(1) from 
occupying a replacement dwelling unit provided pursuant to subsection 
(a), except to the extent that any other provision of Federal law 
prohibits occupancy or tenancy of such household in the type of housing 
of the replacement dwelling unit provided for such household.
    (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 for which 
        the amount required to be contributed by the tenant for rent is 
        comparable to the amount required to be contributed by the 
        tenant for rental of a comparable public housing dwelling unit.
    (e) Relocation Assistance.--The Secretary of Housing and Urban 
Development shall provide, to each household provided occupancy in a 
dwelling unit pursuant to subsection (b), assistance under the Uniform 
Relocation Assistance and Real Property Acquisitions Policy Act of 1970 
(42 U.S.C. 4601 et seq.) for relocation to such dwelling unit.

SEC. 203. ONE-FOR-ONE REPLACEMENT OF ALL PUBLIC HOUSING DWELLING UNITS.

    (a) Conditions on Demolition.--After the date of the enactment of 
this Act, the Housing Authority of New Orleans may not demolish or 
dispose of any dwelling unit of public housing operated or administered 
by such agency (including any uninhabitable unit and any unit 
previously approved for demolition) except pursuant to a plan for 
replacement of such units in accordance with, and approved by the 
Secretary of Housing and Urban Development pursuant to, subsection (b).
    (b) Plan Requirements.--The Secretary may not approve a plan that 
provides for demolition or disposition of any dwelling unit of public 
housing referred to in subsection (a) unless--
            (1) such plan is developed with the active participation of 
        the resident councils of, and residents of public housing 
        operated or administered by, such Housing Authority and with 
        the City of New Orleans, at every phase of the planning and 
        approval process, through a process that provides opportunity 
        for comment on specific proposals for redevelopment, 
        demolition, or disposition;
            (2) not later than 60 days before the date of the approval 
        of such plan, such Housing Authority has convened and conducted 
        a public hearing regarding the demolition or disposition 
        proposed in the plan;
            (3) such plan provides that for each such dwelling unit 
        demolished or disposed of, such public housing agency will 
        provide an additional dwelling unit through--
                    (A) the acquisition or development of additional 
                public housing dwelling units; or
                    (B) the acquisition, development, or contracting 
                (including through project-based assistance) of 
                additional dwelling units that are subject to 
                requirements regarding eligibility for occupancy, 
                tenant contribution toward rent, and long-term 
                affordability restrictions which are comparable to 
                public housing units;
            (4) such plan provides for the implementation of a right 
        for households to occupancy housing in accordance with section 
        202;
            (5) such plan provides priority in making units available 
        under paragraph (3) to residents identified in section 201;
            (6) such plan provides that the proposed demolition or 
        disposition and relocation will be carried out in a manner that 
        affirmatively furthers fair housing, as described in subsection 
        (e) of section 808 of the Civil Rights Act of 1968; and
            (7) to the extent that such plan provides for the provision 
        of replacement or additional dwelling units, or redevelopment, 
        in phases over time, such plan provides that the ratio of 
        dwelling units described in subparagraphs (A) and (B) of 
        paragraph (3) that are provided in any such single phase to the 
        total number of dwelling units provided in such phase is not 
        less than the ratio of the aggregate number of such dwelling 
        units provided under the plan to the total number of dwelling 
        units provided under the plan.
    (c) Monitoring.--The Secretary of Housing and Urban Development 
shall provide for the appropriate field offices of the Department to 
monitor and supervise enforcement of this section and plans approved 
under this section and to consult, regarding such monitoring and 
enforcement, with resident councils of, and residents of public housing 
operated or administered by, the Housing Authority of New Orleans and 
with the City of New Orleans.

SEC. 204. REPORTS ON PROPOSED CONVERSIONS OF PUBLIC HOUSING UNITS.

    Not later than the expiration of the 15-day period beginning on the 
date of the enactment of this Act, the Secretary of Housing and Urban 
Development shall submit to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a detailed report identifying all public 
housing projects located in areas impacted by Hurricane Katrina or Rita 
of 2005, for which plans exist to transfer ownership to other entities 
or agencies. Such report shall include the following information for 
each such project:
            (1) The name and location.
            (2) The number of dwelling units.
            (3) The proposed new owner.
            (4) The existing income eligibility and rent provisions.
            (5) Duration of existing affordability restrictions.
            (6) The proposed date of transfer.
            (7) Any other relevant information regarding the project.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS FOR REPAIR AND 
              REHABILITATION.

    There are authorized to be appropriated such sums as may be 
necessary to carry out activities eligible for funding under the 
Capital Fund under section 9 of the United States Housing Act of 1937 
(42 U.S.C. 1437g) for the repair and rehabilitation of public housing 
of the Housing Authority of New Orleans.

SEC. 206. COMPLIANCE OF EXISTING REQUESTS FOR PROPOSALS.

    Each request for qualification or proposal issued before the date 
of the enactment of this Act with respect to any public housing 
operated or administered by the Housing Authority of New Orleans shall, 
notwithstanding any existing terms of such requests, be subject to and 
comply with all provisions of this title and, to the extent necessary 
to so comply, such Housing Authority shall reissue such requests.

SEC. 207. REPORTS ON COMPLIANCE.

    Not later than the expiration of the 30-day period beginning on the 
date of the enactment of this Act and not later than the expiration of 
each calendar quarter thereafter, the Secretary of Housing and Urban 
Development shall submit a detailed report regarding compliance with 
the requirements of this title, including the resident participation 
requirement under section 203(b)(1), to the Committee on Financial 
Services of the House of Representatives, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, the resident councils of, and 
residents of public housing operated or administered by, the Housing 
Authority of New Orleans, and the City of New Orleans.

TITLE III--DISASTER VOUCHER PROGRAM AND PROJECT-BASED RENTAL ASSISTANCE

SEC. 301. EXTENSION OF DVP PROGRAM.

    Notwithstanding any other provision of law, the Disaster Voucher 
Program of the Department of Housing and Urban Development, established 
pursuant to Public Law 109-148 (119 Stat. 2779) and the authority of 
the Secretary of Housing and Urban Development to waive requirements 
under section 8 of the United States Housing Act of 1937 in 
administering assistance under such program, shall be extended until 
January 1, 2008.

SEC. 302. CLARIFICATION OF VOUCHER ALLOCATION FORMULA FOR FISCAL YEAR 
              2007.

    In carrying out section 21033 of the Continuing Appropriations 
Resolution, 2007, to provide renewal funding for tenant-based rental 
housing assistance under section 8 of the United States Housing Act of 
1937 for each public housing agency, the Secretary of Housing and Urban 
Development shall make, for any public housing agency impacted by 
Hurricane Katrina or Rita, such adjustments as are appropriate to 
provide adequate funding to adjust for reduced voucher leasing rates 
and increased housing costs arising from such hurricanes.

SEC. 303. PRESERVATION OF PROJECT-BASED HOUSING ASSISTANCE PAYMENTS 
              CONTRACTS FOR DWELLING UNITS DAMAGED OR DESTROYED.

    (a) Tolling of Contract Term.--Notwithstanding any other provision 
of law, a project-based housing assistance payments contract for a 
covered assisted multifamily housing project shall not expire or be 
terminated because of the damage or destruction of dwelling units in 
the project by Hurricane Katrina or Rita. The expiration date of the 
contract shall be deemed to be the later of the date specified in the 
contract or a date ending three months after the dwelling units in the 
project or in a replacement project are first made habitable.
    (b) Owner Proposals for Reuse or Re-Siting.--The Secretary of 
Housing and Urban Development shall promptly review and shall approve 
all feasible proposals made by owners of covered assisted multifamily 
housing projects submitted to the Secretary, not later than October 1, 
2007, that provide for the rehabilitation of the project and the 
resumption of use of the assistance under the contract for the project, 
or, alternatively, for the transfer, pursuant to subsection (c), of the 
contract or, in the case of a project with an interest reduction 
payments contract, of the remaining budget authority under the contact, 
to another multifamily housing project.
    (c) Transfer of Contract.--In the case of any covered assisted 
multifamily housing project, the Secretary of Housing and Urban 
Development shall, with the concurrence of the State or unit of general 
local government in which the project is located--
            (1) in the case of a project with a project-based rental 
        assistance payments contract described in subparagraph (A), 
        (B), or (C) of subsection (d)(2), transfer the contract to 
        another appropriate and habitable existing project or a project 
        to be constructed (having the same or a different owner); and
            (2) in the case of a project with an interest reduction 
        payments contract pursuant to section 236 of the National 
        Housing Act, use the remaining budget authority under the 
        contract for interest reduction payments to reduce financing 
        costs with respect to dwelling units in other habitable 
        projects not currently so assisted, and such dwelling units 
        shall be subject to the low-income affordability restrictions 
        applicable to projects for which such payments are made under 
        section 236 of the National Housing Act.
A project to which a project-based rental assistance payments contract 
is transferred may have a different number of units or bedroom 
configuration than the damaged or destroyed project if approximately 
the same number of individuals are expected to occupy the subsidized 
units in the replacement project as occupied the damaged or destroyed 
project.
    (d) Definitions.--For purposes of this section:
            (1) Covered assisted multifamily housing project.--The term 
        ``assisted multifamily housing project'' means a multifamily 
        housing project that--
                    (A) as of the date of the enactment of this Act, is 
                subject to a project-based rental assistance payments 
                contract (including pursuant to subsection (a) of this 
                section); and
                    (B) that was damaged or destroyed by Hurricane 
                Katrina or Hurricane Rita of 2005.
            (2) Project-based rental assistance payments contract.--The 
        term ``project-based rental assistance payments contract'' 
        includes--
                    (A) a contract entered into pursuant to section 8 
                of the United States Housing Act of 1937 (42 U.S.C. 
                1437f);
                    (B) a contract for project rental assistance 
                pursuant to section 202(c)(2) of the Housing Act of 
                1959 (12 U.S.C. 1701q(c)(2));
                    (C) a contract for project rental assistance 
                pursuant to section 811(d)(2) of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 8013(d)(2)); 
                and
                    (D) an interest reduction payments contract 
                pursuant to section 236 of the National Housing Act (12 
                U.S.C. 1715z-1).

SEC. 304. TENANT REPLACEMENT VOUCHERS FOR ALL LOST UNITS.

    There is authorized to be appropriated for fiscal year 2008 such 
sums as may be necessary to provide tenant replacement vouchers under 
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
for the number of households that is equal to--
            (1) the number of assisted dwelling units (whether occupied 
        or unoccupied) located in covered assisted multifamily housing 
        projects that are not approved for reuse or re-siting by the 
        Secretary; plus
            (2) the number of public housing dwelling units that, as of 
        August 25, 2005, were considered for purposes of allocating 
        operating and capital assistance under section 9 of the United 
        States Housing Act of 1937 (whether occupied or unoccupied), 
        that will not be put back into use for occupancy; minus
            (3) the number of previously awarded enhanced vouchers for 
        assisted dwelling units and tenant protection vouchers for 
        public housing units covered under this section.
Any amounts made available pursuant to this section shall, upon the 
request of a public housing agency for such voucher assistance, be 
allocated to the public housing agency based the number of dwelling 
units described in paragraph (1) or (2) that are located in the 
jurisdiction of the public housing agency.

SEC. 305. VOUCHER ASSISTANCE FOR SUPPORTIVE HOUSING.

    The Secretary of Housing and Urban Development shall make available 
to the State of Louisiana or its designee, upon request, 3,000 vouchers 
for rental assistance under section 8 of the United States Housing Act 
of 1937 for the purpose of providing project-based rental assistance 
for supportive housing dwelling units for elderly families, persons 
with disabilities, or homeless persons. Such vouchers may be made 
available from the vouchers authorized under section 304, upon the 
concurrence of the appropriate public housing agency.

SEC. 306. TRANSFER OF DVP VOUCHERS TO PERMANENT VOUCHER PROGRAM.

    For purposes of allocating amounts made available for renewal of 
tenant-based assistance under section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f), any voucher for rental assistance made 
available under the Disaster Voucher Program referred to in section 301 
of this Act shall, as of the termination date of the Disaster Voucher 
Program, be considered a voucher of the public housing agency having 
jurisdiction of the area in which such assisted family resides as of 
such termination date, for purposes of determining the number of leased 
units and costs (or any other baseline based on previous vouchers 
available or used) and any limitation on the number of authorized units 
for such agency.

SEC. 307. IDENTIFICATION AND NOTIFICATION OF DVP-ELIGIBLE HOUSEHOLDS 
              NOT ASSISTED.

    The Secretary of Housing and Urban Development shall make a good 
faith effort to identify all households who, as of the date of the 
enactment of this Act, are eligible for assistance under the Disaster 
Voucher Program referred to in section 301 but are not assisted under 
such program. Upon identification of each such household, the Secretary 
shall--
            (1) notify such household of the rights of the household to 
        return a public housing or other assisted dwelling unit; and
            (2) to the extent that the family is eligible at such time 
        of identification, offer the household assistance under the 
        Disaster Voucher program.

              TITLE IV--DAMAGES ARISING FROM FEMA ACTIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS TO REIMBURSE LANDLORDS FOR 
              DAMAGES DUE TO FEMA MANAGEMENT OF CITY LEASE PROGRAM.

    There are authorized to be appropriated, from 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 Emergency 
Assistance Act, such sums as may be necessary for the Secretary of 
Housing and Urban Development to provide reimbursement to each landlord 
who participated in the city lease program of the Federal Emergency 
Management Agency pursuant to section 403 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) in the 
amount of actual, documented damages incurred by such landlord as a 
result of abrogation by such Agency of commitments entered into under 
such program.
                                 <all>