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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-509

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3524) TO REAUTHORIZE THE 
   HOPE VI PROGRAM FOR REVITALIZATION OF SEVERELY DISTRESSED PUBLIC 
                    HOUSING, AND FOR OTHER PURPOSES

                                _______
                                

  January 16, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Castor, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 922]

    The Committee on Rules, having had under consideration 
House Resolution 922, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3524, the 
HOPE VI Improvement and Reauthorization Act of 2007, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Financial Services. The 
rule waives all points of order against consideration of the 
bill except clauses 9 and 10 of rule XXI. The rule provides 
that the amendment in the nature of a substitute recommended by 
the Committee on Financial Services now printed in the bill 
shall be considered as an original bill for the purpose of 
amendment and shall be considered as read. The rule waives all 
points of order against the amendment in the nature of a 
substitute except for clause 10 of rule XXI. This waiver does 
not affect the point of order available under clause 9 of rule 
XXI (regarding earmark disclosure).
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker. The rule tables H. Res. 894.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for clauses 9 and 10 of rule 
XXI) and waives all points of order against the amendment in 
the nature of a substitute (except clause 10 of rule XXI), the 
Committee is not aware of any points of order. The waivers of 
all points of order are prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 420

    Date: January 16, 2008.
    Measure: H.R. 3524.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Price, Tom (GA), #5, which 
would prohibit illegal immigrants from living in housing built 
with HOPE VI grants.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Waters (CA)/Frank (MA)/Watt (NC): The amendment makes a 
number of technical and conforming changes as well as 
enhancements to the bill, including the following: (1) 
redefines the scope of the 1 for 1 replacement requirement by 
requiring the replacement of all units in existence as of 
January 1, 2005, and provides a limited waiver from the 
replacement requirement; (2) extends the timeline for 
rebuilding replacement housing units to 54 months from the date 
of execution of the grant agreement, consistent with current 
HUD practice; (3) clarifies procedural requirements for making 
any significant amendments or changes to a revitalization plan; 
(4) removes specific references to LEED for non-residential 
construction and excludes costs associated with green 
development compliance from HUD's Total Development Cost 
calculation; (5) clarifies eligibility and occupancy standards; 
and (6) clarifies that no person not lawfully permitted to be 
in, or remain in, the United States is eligible for housing 
assistance under this bill. (20 minutes)
    2. Neugebauer (TX): The amendment would apply the one-to-
one replacement requirement for units demolished under a HOPE 
VI grant only to units that are occupied prior to demolition. 
(10 minutes)
    3. Mahoney (FL): The amendment restores the set-aside for 
the Main Street grant program. (10 minutes)
    4. Sessions (TX): The amendment maintains HUD's authority 
to issue demolition-only grants. (10 minutes)
    5. Lee (CA): The amendment will safeguard the rights of 
tenants of HOPE VI housing from eviction based on the criminal 
activities of others if the tenant is elderly or disabled, and 
did not or should not have known of the activity, or if they 
were the victims of a criminal act. (10 minutes)
    6. King, Steve (IA): The amendment prevents appropriations 
for Davis-Bacon wages. (10 minutes)
    7. Capito (WV): The amendment substitutes the green 
building requirement, which is part of the mandatory core 
component of the underlying bill, with a provision that 
includes green building as part of the mandatory graded 
section. It also strikes references in the bill to specific 
green building standards and instead requires the Secretary of 
HUD to select a rating system, standard, or code for green 
buildings. This standard shall meet certain criteria and the 
Secretary shall conduct a study every 5 years to evaluate and 
compare third party green building standards to see if they 
meet the criteria.

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Waters of California, 
               or Her Designee, Debatable for 20 Minutes

  Page 9, strike lines 7 through 12, and insert the following:
                                  ``(I)(aa) provides for 
                                replacement in accordance with 
                                subsection (j) of 100 percent 
                                of all dwelling units in 
                                existence as of January 1, 
                                2005, that are subject to the 
                                revitalization plan and that 
                                have been or will be demolished 
                                or disposed of, on the site 
                                of''.
  Page 9, line 15, before the semicolon insert the following: 
``, or (bb) pursuant to subsection (j)(1)(B), requests a 
reduction of the percentage specified in subsection (j)(1)(A) 
and provides for replacement of dwelling units demolished or 
disposed of in accordance with the percentage requested''.
  Page 9, line 18, strike ``tenants'' and insert ``residents''.
  Page 9, strike ``and'' in line 24 and all that follows 
through ``(p)(1)'' on page 10, line 2, and insert ``(as 
modified by any percentage reduction requested under subsection 
(j)(1)(B))''.
  Page 11, line 9, before the comma insert ``(including 
nonprofit housing developers)''.
  Page 13, line 4, before the last comma insert ``(including 
nonprofit housing developers)''.
  Page 14, line 9, after ``standard'' insert ``or standards''.
  Strike line 16 on page 14 and all that follows through page 
15, line 5, and insert the following: ``construction, complies 
with the components of the green building rating systems and 
levels identified by the Secretary pursuant to subsection 
(l)(3), but only to the extent such compliance exceeds the 
minimum level required under such systems and levels.''.
  Page 15, line 13, before ``individuals'' insert ``, but not 
limited to, elderly households, disabled households, households 
consisting of grandparents raising grandchildren, large 
families, households displaced by the revitalization plan in 
need of special services, and''.
  Page 15, line 16, strike ``State or Federal correctional 
facility'' and insert ``prison, jail, or other correctional 
facility of the Federal Government, a State government, or a 
unit of local government''.
  Page 17, after line 21, insert the following:
  (c) Exclusion of Green Development Costs From Total 
Development Costs.--Subsection (f) of section 24 is amended by 
adding after and below paragraph (2) the following:
``In determining the total development costs for a 
revitalization plan, the Secretary shall not consider any costs 
of compliance with green building rating systems and levels 
identified by the Secretary pursuant to subsection (l)(3).''.
  Page 21, line 6, before ``dates'' insert ``approximate''.
  Page 23, after line 3, insert the following new paragraph:
          ``(5) Significant amendments or changes to plan.--A 
        public housing agency may not carry out any significant 
        amendment or change to a revitalization plan unless--
                  ``(A) the public housing agency has convened 
                and conducted a public hearing regarding the 
                significant amendment or change at a time and 
                location that is convenient for residents of 
                the public housing subject to the plan and has 
                provided each household occupying a dwelling 
                unit in such public housing with written notice 
                of such hearing not less than 10 days before 
                such hearing; and
                  ``(B) after such hearing, the public housing 
                agency consults with the households occupying 
                dwelling units in the public housing that are 
                subject to, or to be subject to the plan, and 
                the agency submits a report to the Secretary 
                describing the results of such consultation; 
                and
                  ``(C) the Secretary approves the significant 
                amendment or change.
        Notwithstanding subparagraph (C), if the Secretary does 
        not approve or disapprove a request for a significant 
        amendment or change to a revitalization plan before the 
        expiration of the 30-day period beginning upon the 
        receipt by the Secretary of the report referred to in 
        subparagraph (B), such request shall be considered to 
        have been approved.''.
  Page 24, line 20, strike ``either''.
  Page 24, line 22, strike ``or provide the tenant'' and insert 
``and continue to provide the household with comprehensive 
relocation assistance, or at the option of the household, 
provide the household''.
  Page 26, strike line 13, and insert the following:
          ``(1) Number.--
                  ``(A) In general.--For one hundred percent, 
                or such lower percentage as is provided 
                pursuant to subparagraph (B), of all''.
  Page 26, strike ``the date'' in line 14 and all that follows 
through line 16 and insert the following: ``January 1, 2005, 
that are subject to the revitalization plan and that have been 
or will be demolished or disposed of, the public hous-''.
  Page 26, after line 18, insert the following:
                  ``(B) Waiver.--
                          ``(i) Authority.--Upon the written 
                        request of a public housing agency 
                        submitted as part of an application for 
                        a grant under this section, the 
                        Secretary may reduce the percentage 
                        applicable under subparagraph (A) to a 
                        revitalization plan of the agency to 
                        not less than 90 percent, but only if--
                                  ``(I) the Secretary 
                                determines that such written 
                                request has sufficiently 
                                demonstrated a compelling need 
                                for such reduction due to 
                                extenuating circumstances, 
                                which shall include--
                                          ``(aa) a judgment, 
                                        consent decree, or 
                                        other order of a court 
                                        that limits the ability 
                                        of the public housing 
                                        agency to comply with 
                                        such requirements;
                                          ``(bb) a severe 
                                        shortage of land 
                                        available to comply 
                                        with such requirements; 
                                        and
                                          ``(cc) such other 
                                        circumstances as the 
                                        Secretary determines on 
                                        a case-by-case basis; 
                                        and
                                  ``(II) the reduction is 
                                narrowly tailored such that 
                                it--
                                          ``(aa) reduces the 
                                        percentage only to the 
                                        extent necessary to 
                                        address the particular 
                                        extenuating 
                                        circumstances 
                                        demonstrated pursuant 
                                        to subclause (I); and
                                          ``(bb) is limited in 
                                        a manner that ensures 
                                        the maximum extent of 
                                        compliance with the 
                                        requirements of this 
                                        subsection.
                          ``(ii) Required and impermissible 
                        considerations.--In determining whether 
                        a compelling need for a reduction 
                        pursuant to this subparagraph exists, 
                        and extenuating circumstances exist, 
                        for purposes of clause (i), the 
                        Secretary--
                                  ``(I) shall take into 
                                consideration the extent and 
                                circumstances of any vacant 
                                public housing dwelling units 
                                of the public housing agency;
                                  ``(II) shall take into 
                                consideration the extent to 
                                which revitalization plan 
                                provides additional amenities 
                                that will improve the quality 
                                of the life of residents by 
                                increasing open space or by 
                                providing health care or day 
                                care facilities or by providing 
                                larger units to accommodate 
                                families; and
                                  ``(III) shall not base any 
                                such determination solely or 
                                primarily upon any financial 
                                hardship of a public housing 
                                agency or any other financial 
                                condition or consideration.
                          ``(iii) No waiver of time limits.--
                        The Secretary may not, under this 
                        subparagraph, waive any requirement of 
                        paragraph (3) (relating to timing). The 
                        preceding sentence may not be construed 
                        to limit or otherwise affect the 
                        authority under subsection (o)(3).
                          ``(iv) Penalty.--If, pursuant to this 
                        subparagraph, the Secretary reduces the 
                        percentage under subparagraph (A) 
                        applicable to the revitalization plan 
                        of a public housing agency, no grant 
                        under this section may be made to such 
                        agency or for any public housing of 
                        such agency at any time that such 
                        agency is not in full compliance with 
                        the requirements of this paragraph, as 
                        modified by the terms of such 
                        reduction.''.
  Page 30, after line 2, insert the following:
                ``Notwithstanding the preceding sentence, if a 
                public housing agency has limited areas within 
                its jurisdiction having low concentrations of 
                poverty, the replacement housing units provided 
                in addition to the dwelling units provided 
                pursuant to subparagraph (A) may be provided 
                within a 25-mile radius of the mixed-income 
                development referred to in subparagraph (A).''.
  Page 30, strike line 3 and all that follows through 
``credit.'' in line 13, and insert the following:
          ``(3) Timing.--All replacement dwelling units 
        required pursuant to this subsection with respect to 
        the revitalization plan of a public housing agency 
        shall be provided not later than the expiration of the 
        54-month period that begins upon the execution of the 
        grant agreement under this section for the 
        revitalization plan of the public housing agency.''.
  Page 31, after line 2, insert the following:
          ``(5) Project-based vouchers.--There are authorized 
        to be appropriated such sums as may be necessary for 
        each of fiscal years 2009 through 2015 for providing 
        replacement vouchers for project-based rental 
        assistance for the purpose of complying with the one-
        for-one replacement requirement under this 
        subsection.''.
  Page 33, line 1, strike ``(3)'' and insert ``(4)''.
  Page 33, line 3, after ``standard'' insert ``or standards''.
  Strike line 22 on page 33 and all that follows through page 
34, line 9, and insert the following:
                  ``(B) Green buildings certification system.--
                All non-residential construction under the 
                proposed plan complies with all minimum 
                required levels of the green building rating 
                systems and levels identified by the Secretary 
                pursuant to paragraph (3), as such systems and 
                levels are in effect for purposes of this 
                subsection pursuant to paragraph (4) at the 
                time of the application for the grant.''.
  Page 35, after line 5, insert the following:
          ``(3) Identification of green buildings rating 
        systems and levels.--
                  ``(A) In general.--For purposes of this 
                section, the Secretary shall identify rating 
                systems and levels for green buildings that the 
                Secretary determines to be the most likely to 
                encourage a comprehensive and environmentally-
                sound approach to ratings and standards for 
                green buildings. The identification of the 
                ratings systems and levels shall be based on 
                the criteria specified in subparagraph (B), 
                shall identify the highest levels the Secretary 
                determines are appropriate above the minimum 
                levels required under the systems selected. 
                Within 90 days of the completion of each study 
                required by subparagraph (C), the Secretary 
                shall review and update the rating systems and 
                levels, or identify alternative systems and 
                levels for purposes of this section, taking 
                into account the conclusions of such study.
                  ``(B) Criteria.--In identifying the green 
                rating systems and levels, the Secretary shall 
                take into consideration--
                          ``(i) the ability and availability of 
                        assessors and auditors to independently 
                        verify the criteria and measurement of 
                        metrics at the scale necessary to 
                        implement this subsection;
                          ``(ii) the ability of the applicable 
                        ratings system organizations to collect 
                        and reflect public comment;
                          ``(iii) the ability of the standards 
                        to be developed and revised through a 
                        consensus-based process;
                          ``(iv) an evaluation of the 
                        robustness of the criteria for a high-
                        performance green building, which shall 
                        give credit for promoting--
                                  ``(I) efficient and 
                                sustainable use of water, 
                                energy, and other natural 
                                resources;
                                  ``(II) use of renewable 
                                energy sources;
                                  ``(III) improved indoor 
                                environmental quality through 
                                enhanced indoor air quality, 
                                thermal comfort, acoustics, day 
                                lighting, pollutant source 
                                control, and use of low-
                                emission materials and building 
                                system controls; and
                                  ``(IV) such other criteria as 
                                the Secretary determines to be 
                                appropriate; and
                          ``(v) national recognition within the 
                        building industry.
                  ``(C) 5-year evaluation.--At least once every 
                five years, the Secretary shall conduct a study 
                to evaluate and compare available third-party 
                green building rating systems and levels, 
                taking into account the criteria listed in 
                subparagraph (B).''.
  Page 35, line 6, strike ``(3)'' and insert ``(4)''.
  Page 35, lines 10 and 11, strike `` LEED rating systems'' and 
insert ``green building rating systems and levels''.
  Page 35, line 12, after ``(B)'' insert ``of paragraph (1)''.
  Page 35, line 13, strike ``and systems'' and insert ``, 
systems, and levels''.
  Page 35, strike lines 21 through 24 and insert the following: 
``criteria checklist, any standard or standards that the 
Secretary has determined to be substantially equivalent to such 
checklist, and the green building ratings systems and levels 
identified by the Secretary pursuant to paragraph (3).''.
  Page 35, line 25, strike ``Limitation on Exclusion'' and 
insert ``Consistent Eligibility and Occupancy Standards''.
  Page 36, line 5, strike ``Limitation on exclusion'' and 
insert ``Consistent eligibility and occupancy standards''.
  Strike ``. A household'' in line 15, on page 36 and all that 
follows through page 37, line 7, and insert the following: ``, 
including requirements under Federal law relating to safety and 
security in public and assisted housing and ineligibility of 
drug criminals, illegal drug users, alcohol abusers, and 
dangerous sex offenders, preferences for elderly and disabled 
residents, and ineligibility of persons convicted of 
methamphetamine offenses.''.
  Page 37, after line 7, insert the following:
          ``(3) Consistent occupancy standards for displaced 
        families.--Notwithstanding paragraph (2), any household 
        who occupied a dwelling unit in public housing subject 
        to a revitalization plan of a public housing agency and 
        that was displaced as a result of the revitalization 
        shall be subject, for purposes of occupancy in 
        replacement housing provided pursuant to subsection (j) 
        under the replacement plan that is owned or managed, or 
        assisted, by the agency, only to policies, practices, 
        standards, criteria, and requirements regarding 
        continued occupancy in such original public housing 
        (and not to initial occupancy).''.
  Page 38, line 7, after the period insert the following: 
``Such benchmarks shall include completion of the provision of 
all replacement dwelling units provided pursuant to the 
requirements of subsection (j)''.
  Page 39, after line 5, insert the following:
                  ``(D) project delays and cost increases due 
                to shortages in labor and materials as a direct 
                result of location in an area that is subject 
                to a declaration by the President of a major 
                disaster or emergency under the Robert T. 
                Stafford Disaster and Emergency Assistance Act, 
                except that an extension of the period for 
                compliance with performance benchmarks pursuant 
                to this subparagraph shall not be for a period 
                longer than 12 months;''.
  Page 39, line 6, strike ``(D)'' and insert ``(E)''.
  Page 39, line 7, strike ``(E)'' and insert ``(F)''.
  Page 39, line 9, strike ``(F)'' and insert ``(G)''.
  Strike line 17 on page 39 and all that follows through ``(2) 
URA.--'' on page 40, line 1, and insert the following:
  ``(p) Applicability of Uniform Relocation Act.--''.
  Page 42, lines 17 and 18, strike ``10 percent or more of the 
funds'' and insert ``20 percent or more of the total amount of 
HOPE VI grant amounts provided under this section''.
  Page 44, after line 18, insert the following:

SEC. 16. EXTENSION OF AVAILABILITY OF FUNDS FOR REVITALIZATION PLANS 
                    DELAYED BY HURRICANES.

  Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development may not, before October 1, 2009, 
recapture any portion of a grant made to a public housing 
agency to carry out a revitalization plan under section 24 of 
the United States Housing Act of 1937 (42 U.S.C. 1437v) if the 
public housing agency has suffered, as a direct result of 
Hurricane Katrina, Wilma, or Rita of 2005--
          (1) project delays; and
          (2) cost increases due to shortages in labor and 
        materials.
  Page 44, line 19, strike ``sec. 16.