[Congressional Record Volume 153, Number 130 (Wednesday, September 5, 2007)]
[House]
[Pages H10157-H10159]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

[[Page H10158]]

                                H.R. 811

                        Offered By: Mr. Conaway

       Amendment No. 1: In section 252(b)(2)(B) of the Help 
     America Vote Act of 2002, as proposed to be amended by 
     section 2(d)(2) of the bill, strike the period and insert the 
     following: ``, but does not include any precinct which the 
     chief executive of the State designates as a designated rural 
     precinct under section 301(d)(2)(C) with respect to any 
     election held in 2008.''.
       In section 252(b)(2)(C) of the Help America Vote Act of 
     2002, as proposed to be amended by section 2(d)(2) of the 
     bill, strike the period and insert the following: ``, but 
     does not include any precinct which the chief executive of 
     the State designates as a designated rural precinct under 
     section 301(d)(2)(C) with respect to any election held in 
     2008.''.
       In section 301(d)(2)(A) of the Help America Vote Act of 
     2002, as proposed to be amended by section 2(e) of the bill, 
     strike ``subparagraph (B)'' and insert ``subparagraphs (B) 
     and (C)''.
       Add at the end of section 301(d)(2) of the Help America 
     Vote Act of 2002, as proposed to be amended by section 2(e) 
     of the bill, the following:
       ``(C) Waiver for certain rural precincts.--
       ``(i) Waiver.--The requirements of this section which are 
     first imposed on a State and jurisdiction pursuant to the 
     amendments made by section 2 of the Voter Confidence and 
     Increased Accessibility Act of 2007 shall not apply with 
     respect to an election for Federal office in any precinct 
     which the chief executive of the State involved designates as 
     a designated rural precinct for purposes of this subparagraph 
     with respect to the election (in accordance with clause 
     (ii)).
       ``(ii) Designation of precincts.--The chief executive of a 
     State may designate a precinct as a designated rural precinct 
     for purposes of this subparagraph with respect to an election 
     if the precinct is located in a county classified as a 
     nonmetropolitan county by the Secretary of Agriculture in the 
     most recent classification issued by the Secretary prior to 
     the date of the election.''.
       In section 321(a) of the Help America Vote Act of 2002, as 
     proposed to be added by section 4(a) of the bill, add at the 
     end the following:
       ``(3) Exception for designated rural precincts.--A State 
     shall not be required to administer an audit of the results 
     of an election for Federal office in any precinct which the 
     chief executive of the State involved designates as a 
     designated rural precinct with respect to the election under 
     section 301(d)(2)(C).''.

                                H.R. 811

                        Offered By: Mr. Conaway

       Amendment No. 2: In section 301(d)(2)(A) of the Help 
     America Vote Act of 2002, as proposed to be amended by 
     section 2(e) of the bill, strike ``subparagraph (B)'' and 
     insert ``subparagraphs (B) and (C)''.
       Add at the end of section 301(d)(2) of the Help America 
     Vote Act of 2002, as proposed to be amended by section 2(e) 
     of the bill, the following:
       ``(C) Delay for certain rural precincts.--
       ``(i) Delay.--This paragraph shall apply with respect to 
     the designated rural precincts located within a State--

       ``(I) as if the reference in subparagraph (A) to `November 
     2008' were a reference to `November 2010'; and
       ``(II) as if the reference in subparagraph (B)(i) to `2012' 
     were a reference to `2014'.

       ``(ii) Designated rural precinct defined.--In this 
     subparagraph, a `designated rural precinct' means, with 
     respect to a State, a precinct which is--

       ``(I) located in a county classified as a nonmetropolitan 
     county by the Secretary of Agriculture in the most recent 
     classification issued by the Secretary prior to January 1, 
     2008; and
       ``(II) designated by the chief executive of the State as a 
     designated rural precinct for purposes of this 
     subparagraph.''.

       In section 328 of the Help America Vote Act of 2002, as 
     proposed to be added by section 4(a) of the bill, strike 
     ``November 2008'' and insert the following: ``November 2008, 
     except that a State shall not be required to administer any 
     hand counts under this subtitle in any designated rural 
     precinct (as defined in section 301(d)(2)(C)) with respect to 
     any election prior to the regularly scheduled general 
     elections held in November 2010''.

                               H.R. 2786

                      Offered By: Mr. King of Iowa

       Amendment No. 1: Page 18, strike lines 1 through 6.

                               H.R. 2786

                      Offered By: Mr. King of Iowa

       Amendment No. 2: At the end of the bill, add the following 
     new section:

     SEC. 9. LIMITATION ON USE OF FUNDS.

       No amounts made available pursuant to any authorization of 
     appropriations under this Act, or under the amendments made 
     by this Act, may be used to employ workers described in 
     section 274A(h)(3)) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(h)(3)).

                               H.R. 2786

                         Offered By: Mr. Pearce

       Amendment No. 3: At the end of the bill, add the following 
     new section:

     SEC. 9. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE 
                   TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT 
                   ACTIVITIES.

       (a) Authority.--To the extent or in such amounts as are 
     provided in appropriation Acts, the Secretary of Housing and 
     Urban Development (in this section referred to as the 
     ``Secretary'') may, subject to the limitations of this 
     section and upon such terms and conditions as the Secretary 
     may prescribe, guarantee and make commitments to guarantee, 
     the notes and obligations issued by Indian tribes or tribally 
     designated housing entities (as such term is defined in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103)) with tribal 
     approval, for the purposes of financing activities, carried 
     out on Indian reservations and in other Indian areas, that 
     under the first sentence of section 108(a) of the Housing and 
     Community Development Act of 1974 are eligible for financing 
     with notes and other obligations guaranteed pursuant to such 
     section 108.
       (b) Low-Income Benefit Requirement.--Not less than 70 
     percent of the aggregate funds received by an Indian tribe or 
     tribally designated housing entity as a result of a guarantee 
     under this section shall be used for the support of 
     activities that benefit low-income Indian families (as such 
     term is defined for purposes of the Native American Housing 
     Assistance and Self-Determination Act of 1996) on Indian 
     reservations and other Indian areas.
       (c) Financial Soundness.--The Secretary shall establish 
     underwriting criteria for guarantees under this section, 
     including fees for such guarantees, as may be necessary to 
     ensure that the program under this section for such 
     guarantees is financially sound. Such fees shall be 
     established in amounts that are sufficient, but do not exceed 
     the minimum amounts necessary, to maintain a negative credit 
     subsidy for such program, as determined based upon risk to 
     the Federal Government under such underwriting requirements.
       (d) Terms of Obligations.--Notes or other obligations 
     guaranteed pursuant to this section shall be in such form and 
     denominations, have such maturities, and be subject to such 
     conditions as may be prescribed by regulations issued by the 
     Secretary. The Secretary may not deny a guarantee under this 
     section on the basis of the proposed repayment period for the 
     note or other obligation, unless the period is more than 20 
     years or the Secretary determines that the period causes the 
     guarantee to constitute an unacceptable financial risk.
       (e) Limitation on Percentage.--A guarantee made under this 
     section shall guarantee repayment of 95 percent of the unpaid 
     principal and interest due on the notes or other obligations 
     guaranteed.
       (f) Security and Repayment.--
       (1) Requirements on issuer.--To ensure the repayment of 
     notes or other obligations and charges incurred under this 
     section and as a condition for receiving such guarantees, the 
     Secretary shall require the Indian tribe or housing entity 
     issuing such notes or obligations to--
       (A) enter into a contract, in a form acceptable to the 
     Secretary, for repayment of notes or other obligations 
     guaranteed under this section;
       (B) demonstrate that the extent of such issuance and 
     guarantee under this section is within the financial capacity 
     of the tribe; and
       (C) furnish, at the discretion of the Secretary, such 
     security as may be deemed appropriate by the Secretary in 
     making such guarantees, including increments in local tax 
     receipts generated by the activities assisted by a guarantee 
     under this section or disposition proceeds from the sale of 
     land or rehabilitated property, except that such security may 
     not include any grant amounts received or for which the 
     issuer may be eligible under title I of the Native American 
     Housing Assistance and Self-Determination Act of 1996.
       (2) Full faith and credit.--The full faith and credit of 
     the United States is pledged to the payment of all guarantees 
     made under this section. Any such guarantee made by the 
     Secretary shall be conclusive evidence of the eligibility of 
     the obligations for such guarantee with respect to principal 
     and interest, and the validity of any such guarantee so made 
     shall be incontestable in the hands of a holder of the 
     guaranteed obligations.
       (g) Training and Information.--The Secretary, in 
     cooperation with Indian tribes and tribally designated 
     housing entities, shall carry out training and information 
     activities with respect to the guarantee program under this 
     section.
       (h) Limitations on Amount of Guarantees.--
       (1) Aggregate fiscal year limitation.--Notwithstanding any 
     other provision of law and subject only to the absence of 
     qualified applicants or proposed activities and to the 
     authority provided in this section, to the extent approved or 
     provided in appropriations Acts, the Secretary may enter into 
     commitments to guarantee notes and obligations under this 
     section with an aggregate principal amount not to exceed 
     $200,000,000 for each of fiscal years 2008 through 2012.
       (2) Authorization of appropriations for credit subsidy.--
     There are authorized to be appropriated to cover the costs 
     (as such term is defined in section 502 of the Congressional 
     Budget Act of 1974) of guarantees under this section such 
     sums as may be necessary for each of fiscal years 2008 
     through 2012.

[[Page H10159]]

       (3) Aggregate outstanding limitation.--The total amount of 
     outstanding obligations guaranteed on a cumulative basis by 
     the Secretary pursuant to this section shall not at any time 
     exceed $1,000,000,000 or such higher amount as may be 
     authorized to be appropriated for this section for any fiscal 
     year.
       (4) Fiscal year limitations on tribes.--The Secretary shall 
     monitor the use of guarantees under this section by Indian 
     tribes. If the Secretary finds that 50 percent of the 
     aggregate guarantee authority under paragraph (3) has been 
     committed, the Secretary may--
       (A) impose limitations on the amount of guarantees pursuant 
     to this section that any one Indian tribe may receive in any 
     fiscal year of $25,000,000; or
       (B) request the enactment of legislation increasing the 
     aggregate outstanding limitation on guarantees under this 
     section.
       (i) Report.--Not later than the expiration of the 4-year 
     period beginning on the date of the enactment of this Act, 
     the Secretary shall submit a report to the Congress regarding 
     the utilization of the authority under this section by Indian 
     tribes and tribally designated housing entities, identifying 
     the extent of such utilization and the types of projects and 
     activities financed using such authority and analyzing the 
     effectiveness of such utilization in carrying out the 
     purposes of this section.
       (j) Termination.--The authority of the Secretary under this 
     section to make new guarantees for notes and obligations 
     shall terminate on October 1, 2012.

                               H.R. 2786

                    Offered By: Mr. Price of Georgia

       Amendment No. 4: At the end of the bill, add the following 
     new section:

     SEC. 9. ACCEPTABLE IDENTIFICATION REQUIREMENT FOR OCCUPANCY 
                   OR ASSISTANCE.

       (a) In General.--Any assistance provided with any amounts 
     made available pursuant to any authorization of 
     appropriations under this Act, or under the amendments made 
     by this Act, including occupancy in housing assisted with 
     such amounts, may not be made available to, or on behalf of, 
     any individual or household unless the individual provides, 
     or, in the case of a household, all adult members of the 
     household provide, valid personal identification in one of 
     the following forms:
       (1) Social security card with photo identification card or 
     real id act identification.--
       (A) A social security card accompanied by a photo 
     identification card issued by the Federal Government or a 
     State Government; or
       (B) A driver's license or identification card issued by a 
     State in the case of a State that is in compliance with title 
     II of the REAL ID Act of 2005 (title II of division B of 
     Public Law 109-13; 49 U.S.C. 30301 note).
       (2) Passport.--A passport issued by the United States or a 
     foreign government.
       (3) USCIS photo identification card.--A photo 
     identification card issued by the Secretary of Homeland 
     Security (acting through the Director of the United States 
     Citizenship and Immigration Services).
       (b) Regulations.--The Secretary of Housing and Urban 
     Development shall, by regulation, require that each tribally 
     designated housing entity and other recipient of amounts 
     described in subsection (a) take such actions as the 
     Secretary considers necessary to ensure compliance with the 
     requirements of subsection (a).

                               H.R. 2786

                    Offered By: Mr. Price of Georgia

       Amendment No. 5: At the end of the bill, add the following 
     new section:

     SEC. 9. REQUIREMENT OF OFFSETS.

       (a) In General.--No authorization of appropriations made by 
     this Act, or by the amendments made by this Act, or any other 
     provision of this Act that results in costs to the Federal 
     Government, shall be effective except to the extent that this 
     Act, or the amendments made by this Act, provide for 
     offsetting decreases in spending of the Federal Government, 
     such that the net effect of this Act and such amendments does 
     not either increase the Federal deficit or reduce the Federal 
     surplus.
       (b) Definitions.--In this subsection, the terms ``deficit'' 
     and ``surplus'' have the meanings given such terms in the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 621 et seq.).

                               H.R. 2786

                          Offered By: Mr. Watt

       Amendment No. 6: Page 3, line 9, strike the quotation marks 
     and the last period.
       Page 3, after line 9, insert the following:
       ``(l) Limitation on Use for Cherokee Nation.--No funds 
     authorized under this Act, or the amendments made by this 
     Act, or appropriated pursuant to an authorization under this 
     Act or such amendments, shall be expended for the benefit of 
     the Cherokee Nation of Oklahoma until the Cherokee Nation of 
     Oklahoma is in full compliance with the Treaty of 1866 and 
     fully recognizes all Cherokee Freedmen and their descendants 
     as citizens of the Cherokee Nation.''.

                               H.R. 2786

                      Offered By: Mr. Westmoreland

       Amendment No. 7: Page 18, strike lines 1 through 6.