[Congressional Record Volume 154, Number 31 (Tuesday, February 26, 2008)]
[House]
[Pages H1046-H1056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PUBLIC HOUSING ASSET MANAGEMENT IMPROVEMENT ACT OF 2007

  The SPEAKER pro tempore. Pursuant to House Resolution 974 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3521.

                              {time}  1348


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3521) to improve the Operating Fund for public housing of the 
Department of Housing and Urban Development, with Mr. Serrano in the 
chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from New Jersey (Mr. Sires) and the gentleman from 
Illinois (Mr. Roskam) each will control 30 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. SIRES. Mr. Chairman, I am very happy to be here debating this 
bill to help public housing authorities across

[[Page H1047]]

this Nation. Let me start by thanking Chairman Barney Frank for his 
support on this bill and his leadership in the committee.
  Let me start by explaining why I introduced this bill. Shortly after 
I was sworn in, I received a letter from the Jersey City Housing 
Authority in my district. They told me they had laid off 34 employees 
because of asset management. When I looked into this, I learned that 
Jersey City was not unique. Over 800 public housing authorities had 
their operating budgets cut because of the way asset management was 
implemented by the U.S. Department of Housing and Urban Development. At 
the same time, the Department limited the amount of flexibility given 
to public housing authorities to make ends meet.
  I knew something had to be done. With the support of Chairman Frank, 
Chairwoman Waters, and others, I introduced H.R. 3521, the Public 
Housing Asset Management Improvement Act of 2007. You will note that 
the title indicates that the bill improves asset management. It does 
not, and I repeat, it does not put an end to asset management. That is 
because I feel strongly that the goals of the asset management are 
worthwhile. By making public housing authorities run more efficiently, 
asset management has the potential to improve the lives of all those 
who live in public housing in this country.
  My bill simply makes four improvements to the asset management rule. 
First, it requires renewed negotiations over the management fee. A 
little background in this is probably helpful. In 1998, Congress passed 
the Quality Housing and Work Responsibility Act of 1998, which called 
on the Department to replace the old funding system with a new, more 
efficient system. In 2004, a negotiated rulemaking committee gathered 
to decide how to implement this new system known as asset management. 
One key piece was the management fee, and Congress required that the 
fee be reasonable. The negotiators never discussed the management fee, 
and industry groups have argued that it was set arbitrarily by the 
Department in its final rule because it lacked input from the 
negotiated rulemaking committee. My bill requires new negotiations to 
establish a reasonable fee and allows public housing authorities to 
revert back to their old funding mechanism until final implementation 
of asset management on January 1, 2011.
  Second, my bill reaffirms current law by allowing public housing 
authorities to transfer funds between their operating fund and their 
capital fund. This provision prevents the Department from prohibiting 
such transfers. This flexibility is vital to agencies, particularly 
since the public housing program is underfunded. Housing authorities 
know best where they need funding, not Washington. There is wide 
agreement on this provision. In fact, this provision was included in 
the Consolidated Appropriations Act for Fiscal Year 2008. That 
provision, however, is only valid for 1 year. My bill would make the 
change permanent.
  Third, my bill increases the exemption threshold from small to 
medium-sized public housing authorities. The Department recognized that 
small authorities with fewer than 250 units of housing would not 
benefit from the efficiencies of asset management. The final rule 
exempts public housing authorities with fewer than 250 units of housing 
from implementing asset management. My bill simply raises this 
threshold to 500 units. Again, there is little disagreement on raising 
the threshold. The Consolidated Appropriations Act for Fiscal Year 2008 
raised the exemption threshold to 400. My bill goes a little further to 
500 units. The impact of this change will only affect 441 public 
housing authorities, some of whom may not opt out of asset management 
because they think it makes good sense. Even with this change, over 
two-thirds of all public housing units still will be covered by asset 
management rules.
  Finally, my bill restates current law in terms of tenant 
participation. It simply says that tenants should be allowed to 
participate in the decisions affecting their homes. It prohibits the 
Department from altering tenant participation rights, and it encourages 
public housing authorities to include tenants in discussion about asset 
management that directly affects their home.
  Let me end by talking about who supports this bill. We have received 
letters of support from the Council of Large Public Housing 
Authorities, the Public Housing Authorities Directors Association, the 
National Association of Housing and Redevelopment Officials, and the 
National Training and Information Center.
  I submit these letters for the Record.

                                                 National Training


                                       and Information Center,

                                    Chicago, IL, February 7, 2008.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: The undersigned 150 democratic 
     grassroots resident organizing groups and allies would like 
     to convey our strong support for protecting the rights of 
     public housing residents to organize, as delineated in H.R. 
     3521, the Public Housing Asset Management Improvement Act of 
     2007. As the transition to a system of asset management is 
     one of the most significant shifts facing the administration 
     of public housing in many years, it is more important than 
     ever that public housing residents are involved in the 
     decision-making processes at the local and national levels.
       In April of 2007, the National Training & Information 
     Center (NTIC) submitted a letter to Congress endorsed by 
     local, statewide, and national organizations in protest of 
     recent attempts to undermine the efforts of resident and 
     community organizations to participate in the decisions 
     around public housing that impact their communities and their 
     lives, One of those attempts was a notice by HUD on March 1, 
     2007 to streamline the process to waive 24 CFR 964, which 
     outlines the rights of residents to organize, for PHAs 
     transitioning to asset management. Section 4 of H.R. 3521 is 
     critical in order to ensure that the congressionally 
     sanctioned rights to organize for public housing residents 
     are protected.
       The NTIC network is of the perspective that residents must 
     be central to the discourse around policies that impact 
     them--both at the local and national level. Section 4 of this 
     bill will ensure that the voices of public housing residents 
     are not lost in the implementation of asset management. Over 
     the past year, NTIC has brought together public housing 
     residents and allies from 38 cities to identify the most 
     pressing areas for reform of public housing policy. The right 
     to organize and meaningful resident participation are among 
     the highest priorities for residents across the country. In 
     order to make asset management work for everyone, it is 
     critical that residents are involved in decisions around its 
     implementation.
       The undersigned 150 local, statewide, and national 
     organizations would like to convey our support for the 
     principles outlined in Section 4 of H.R. 3521. Namely, we 
     feel strongly that residents should have a right to organize 
     in public housing and should be meaningfully and 
     substantively involved in the decisions that impact their 
     lives--both at the local and national level. Specifically, it 
     is critical that the rights bestowed by 24 CFR 964 not be 
     undermined by the transition to asset management. We hope 
     that we can rely on your support for these principles.
       Thank you for listening to the voices of the people!
           Signed,

       Access Living--Chicago, IL.
       Annapolis Tenant Task Force--Boston, MA.
       Beacon Glen Resident Association--Cincinnati, OH.
       Bethel New Life--Chicago, IL.
       Bethune Village Resident Council--Daytona Beach, FL.
       Border Fair Housing & Economic Justice Center--El Paso, TX.
       Bowen Homes Resident Association--Atlanta, GA.
       Cabrini Green Rowhouse Council--Chicago, IL.
       California Coalition for Rural Housing--California State
       Center for Community Change--National
       Central Advisory Council--Chicago, IL.
       Central Illinois Organizing Project--Central Illinois
       Chicago Coalition for the Homeless--Chicago, IL.
       Chicago Rehab Network--Chicago, IL.
       Cleveland Housing Resident Association--Cleveland, TN.
       Clinton Springs Resident Association--Cincinnati, OH.
       Coalition to Protect Public Housing--Chicago, IL.
       Communities United for Action--Cincinnati, OH.
       Community Voices Heard--New York, NY.
       Connecticut Legal Services--Connecticut State
       Consumer Action--National
       Crossroads Urban Center--Salt Lake City, UT.
       Detroit United Organizing for Power--Detroit, MI.
       District of Columbia Grassroots Empowerment Project--
     Washington, DC.
       Empower DC--Washington, DC.
       Empowering & Strengthening Ohio's People--Cleveland, OH.
       Erie Tenant Council--Erie, PA.
       Everywhere & Now Public Housing Residents Organizing 
     Nationally Together--National

[[Page H1048]]

       Fall River Housing Joint Tenants Council Inc.--Fall River, 
     MA.
       Families United for Racial and Economic Equality--New York, 
     NY.
       Faneuil Tenant Task Force--Boston, MA.
       Findlater Gardens Resident Association--Cincinnati, OH.
       Fuerza Laboral/Power of Workers--Providence, RI.
       Good Old Lower East Side--New York, NY.
       Grass Roots Organizing--Mexico, MO.
       Guste Homes Resident Management Corporation--New Orleans, 
     LA.
       Hartford Organizing for Power & Equality--Hartford, CT.
       Homeline--Minnesota State
       Horizon Hills Resident Association--Cincinnati, OH.
       Housing Action Illinois--Illinois State
       Housing Choices Coalition--Santa Cruz, CA.
       Housing Rights Committee of San Francisco--San Francisco, 
     CA.
       Housing Trust Fund Project--National
       Illinois Network of Centers for Independent Living--
     Illinois State
       Imagine Supported Living--Santa Cruz, CA.
       Iowa Citizens for Community Improvement--Iowa State
       Jane Addams Senior Caucus--Chicago, IL.
       Janie Poe Residents Council--Sarasota, FL.
       Jurisdiction-Wide Resident Advisory Board--Cincinnati, OH.
       Just Cause Oakland--Oakland, CA.
       Kalamazoo Homeless Action Network--Kalamazoo, MI.
       Lafayette Resident Advisory Board--Lafayette, WI.
       Lake City House Council--Seattle, WA.
       Lake County Center for Independent Living--Lake County, IL.
       Lake Park East Tenant Association--Chicago, IL.
       Lakeview Action Coalition--Chicago, IL.
       La Playa Resident Council--San Diego, CA.
       La Raza Centro Legal--San Francisco, CA.
       Lawyers' Committee for Better Housing--Chicago, IL.
       Lebanon Tenants Association--Lebanon, PA.
       Le Claire Court Community Development Corporation--Chicago, 
     IL.
       Legacy of Equality, Leadership and Organizing--Seattle, WA.
       Legal Aid Justice Center--Charlottesville, VA.
       Legal Aid Justice Center--Richmond, VA.
       Legal Assistance Resource Center of Connecticut--
     Connecticut State
       Liberty Apartments Resident Association--Cincinnati, OH.
       Livermore Tenants and Neighbors--Livermore, CA.
       Logan Square Neighborhood Association--Chicago, IL.
       Los Angeles Coalition to End Hunger and Homelessness--Los 
     Angeles, CA.
       Lowden Homes Local Advisory Council--Chicago, IL.
       Low Income Families Fighting Together--Miami, FL.
       Madera Action Coalition--Madera, CA.
       Maine Association of Interdependent Neighborhoods--Maine 
     State
       Maine Equal Justice Partners--Maine State
       Mar Vista Gardens Resident Advisory Committee--Los Angeles, 
     CA.
       Massachusetts Alliance of HUD Tenants--Massachusetts State
       Massachusetts Union of Public Housing Tenants--
     Massachusetts State
       Mennonite Central Committee--National.
       Metro Atlanta Task Force on Housing & Homelessness--
     Atlanta, GA.
       Metropolitan Tenants Organization--Chicago, IL.
       Miami Workers Center--Miami, FL.
       Millvale Resident Association--Cincinnati, OH.
       Mineral Manor Resident Council--Reno, NV.
       Minneapolis High Rise Council--Minneapolis, MN.
       Mission Terrace Residents Association--San Jose, CA.
       Mississippi Coalition for Citizens with Disabilities--
     Mississippi State
       Mobilizing and Organizing for Victory and Empowerment--
     Minneapolis, MN.
       Mothers on the Move--New York, NY.
       Myra Birch Manor Resident Council--Reno, NV.
       National Alliance of HUD Tenants--National
       National Association for the Advancement of Colored 
     People--Richmond, VA.
       National Association of Consumer Advocates--National
       National Association of Resident Management Corporations--
     National
       National Economic and Social Rights Initiative--National
       National People's Action--National
       National Training & Information Center--National
       New Direction for Change--Chicago, IL.
       New Orleans Women's Health Clinic--New Orleans, LA.
       New Orleans Women's Health & Justice Initiative--New 
     Orleans, LA.
       Neill Resident Association--St. Paul, MN.
       North Valley Community Cooperative--North Valley, NM.
       North West Bronx Community & Clergy Coalition--New York, 
     NY.
       North West Side Housing Center--Chicago, IL.
       New York City AIDS Housing Network--New York, NY.
       New York City Public Housing Residents Alliance--New York, 
     NY.
       Oahu Housing Task Force--Oahu, HI.
       Old Colony Tenant Task Force--Boston, MA.
       Organization of the North East--Chicago, IL.
       Organizing Neighborhood Equity DC--Washington, D.C.
       Peabody-Englewood Tenant Task Force--Boston, MA.
       People for Community Recovery--Chicago, IL.
       People Organized for Westside Renewal--Los Angeles, CA.
       People Organized to Win Employment Rights--San Francisco, 
     CA.
       People Organizing to Demand Environmental & Economic 
     Rights--San Francisco, CA.
       People United to Secure Housing--Kalamazoo, MI.
       Pittsburg Community Reinvestment Corporation--Pittsburg, 
     PA.
       Portland Tenants Union--Portland, ME.
       Praxis Project--National
       Public Housing Association of Residents--Charlottesville, 
     VA.
       Public Housing Residents of the Lower East Side--New York, 
     NY.
       Public Housing Residents of Trumbull Park Homes--Chicago, 
     IL.
       Resident Owned Business, Inc.--Gary, IN.
       Residents of Salem United--Salem, OH.
       Rhode Island HUD Tenant Project--Rhode Island State
       Richland Resident Council--Richland County, MT.
       Rogers Park Section 8 Tenants Council--Chicago, IL.
       Rose Garden Apartment Association of Residents--Las Vegas, 
     NV.
       Safe Streets/Strong Communities--New Orleans, LA.
       Senior Action Council--Phoenix, AZ.
       Seventy St. Botolph Street Tenant Taskforce--Boston, MA.
       Single Mothers on the Move--Hartford, CT.
       South Austin Coalition Community Council--Chicago, IL.
       Southside Together Organizing for Power--Chicago, IL.
       Sunflower Community Action--Kansas State
       Survivors Village--New Orleans, LA.
       Sutter View Resident Council--Cincinnati, OH.
       Syracuse United Neighbors--Syracuse, NY.
       Tenants Union of Washington State--Washington State
       Tenants Rallying In Unity to Maintain Public Housing--New 
     York, NY.
       Transadvocacy Coalition--Hartford, CT.
       Tri-City Resident Council--Southeastern Kentucky
       Union de Vecinos--Los Angeles, CA.
       United Community Housing Coalition--Hartland, VT.
       United Residents for Housing Rights--Jackson, OH.
       Upland Residents Association--Upland, CA.
       West Broadway Tenant Task Force--Boston, MA.
       Whittier Street Tenant Task Force--Boston, MA.
       Winton Terrace Resident Association--Cincinnati, OH.
                                  ____

         National Association of Housing


                                  and Redevelopment Officials,

                                 Washington, DC, February 1, 2008.
     Hon. Albio Sires,
     House of Representatives,
     Washington, DC.
       Dear Representative Sires: On behalf of the more than 
     22,000 members of the National Association of Housing and 
     Redevelopment Officials (NAHRO), I am pleased to join with 
     our industry colleagues the Public Housing Authority 
     Directors Association (PHADA) and the Council of Large Public 
     Housing Agencies (CLPHA) in formally expressing our strong 
     support for House passage of H.R. 3521, ``The Public Housing 
     Asset Management and Improvement Act.''
       We believe H.R. 3521 contains provisions that will help 
     ensure a responsible and practicable transition to asset 
     management. The bill would establish a reasoned process for 
     defining and determining management and related fees and a 
     suitable transition period for implementing them. The bill 
     also addresses concerns expressed by NAHRO and our industry 
     colleagues with regard to the practicality and cost-
     effectiveness of asset management for local housing agencies 
     with fewer than 500 public housing units. We believe H.R. 
     3521 correctly makes the transition to asset management 
     optional for agencies with portfolios of this size. The 
     legislation also confirms current law enabling the use of 
     capital fund dollars used for operating purposes as permitted 
     for central office costs.
       Finally the legislation reaffirms current statute with 
     respect to the right of residents to provide input and 
     participate in the development of local agency policies.
       NAHRO maintains that the provisions contained in H.R. 3521 
     are necessary and would, upon final enactment, resolve some 
     of the more difficult and problematic concerns expressed by 
     our members with regard to the transition to asset management 
     as defined by recent HUD policies and directives. NAHRO has 
     and will continue to work with the Department to ensure a 
     smooth transition to public housing asset management, but 
     strongly feels that congressional action providing clarity 
     and certainty with respect to the items noted above is 
     necessary and warranted.

[[Page H1049]]

       We thank you for your leadership on this issue and stand 
     ready to be of further assistance as appropriate.
           Respectfully,
     Saul N. Ramirez, Jr.
                                  ____

                                                  Council of Large


                                   Public Housing Authorities,

                                 Washington, DC, January 30, 2008.
     Hon. Barney Frank,
     Chairman, Committee on Financial Services, House of 
         Representatives, Washington, DC.
       Dear Chairman Frank: On behalf of the Council of Large 
     Public Housing Authorities (CLPHA), I am writing in support 
     of H.R. 3521, the Public Housing Asset Management Improvement 
     Act of 2007, and to urge passage of this sensible legislation 
     by the U.S. House of Representatives.
       Asset management is landmark program change now several 
     years in the making. CLPHA members have made the commitment 
     to transition to a flexible asset management system, a shift 
     involving sweeping management and accounting changes.
       Provisions in the legislation of most concern to our 
     members are those relating to management and related fees and 
     the prohibition on restriction of fungibility of capital fund 
     amounts. The legislation allows:
       Housing agencies and HUD to have an expanded formal process 
     by April 1, 2009, the basis of which is already established 
     in the Public Housing Operating Fund Final Rule, enabling the 
     negotiation of appropriate property management, bookkeeping 
     and asset management fees. Once arrived upon, execution of 
     those fees would commence in 2011; and
       Housing agencies to use a portion of their Capital Fund 
     grant towards eligible operating expenses. This provision was 
     first established by Congress in 1996 and reinforced in the 
     2008 HUD appropriations bill in recognition of housing 
     agencies' need for funding flexibility--a need which has only 
     increased over time.
       We thank you for your leadership and support of public 
     housing and look forward to working with you on passage of 
     this legislation.
           Sincerely,
                                                   Sunia Zaterman,
     Executive Director.
                                  ____



                                 National Housing Law Project,

                                   Oakland, CA, February 25, 2008.
     Hon. Albio Sires,
     Committee on Banking, Housing and Urban Affairs, Washington, 
         DC.
       Dear Congressman Sires: We are writing to convey our 
     support for H.R. 3521, the Public Housing Asset Management 
     Improvement Act. The focus of our support is based upon the 
     resident participation provision.
       The National Housing Law Project (NHLP) is a 40 year old 
     national housing law and advocacy center whose mission is to 
     advance housing justice for poor people. NHLP's goals are to 
     increase and preserve the supply of decent affordable 
     housing, improve housing conditions for very low-income 
     persons and households, expand and enforce low-income 
     tenants' and homeowners' rights and increase housing 
     opportunities for racial and ethnic minorities. In pursuit of 
     these goals, NHLP provides support through written materials, 
     training, legislative and administrative advocacy, litigation 
     and technical assistance on housing issues affecting very low 
     income families. NHLP works with numerous legal services 
     organizations around the country.
       HUD and public housing agencies (PHAs) are currently 
     engaged in the very substantial effort of transitioning to 
     and implementing asset management. This effort is having a 
     substantial impact at the local level. PHAs that never 
     applied for operating subsidies are now doing so. Other PHAs 
     are experiencing cuts in operating subsidies due to asset 
     management and the new funding formula. All PHAs are making 
     new staffing and program determinations because of the 
     requirements of project-based management and project-based 
     budgets, all of which affects current residents. 
     Simultaneously most PHAs are experiencing a cut in operating 
     subsidies because of the low level of funding for such 
     subsidies. In this environment of change, it is vital that 
     the Secretary of HUD issue guidance supporting resident 
     participation in the implementation of asset management and 
     the development of local policies that arise from that 
     effort.
       It is also critical that Congress recognize the rights of 
     public housing residents to organized and represent their 
     members. Previously, Congress recognized these rights for 
     residents of other federally assisted but privately owned 
     housing. See 12 U.S.C. 1715z-1b(4). It is important that 
     Congress also recognized the same rights for the 
     approximately 1.2 million public housing families.
           Sincerely,
                                              Catherine M. Bishop,
     Staff Attorney.
                                  ____

                                        Public Housing Authorities


                                        Directors Association,

                                 Washington, DC, January 31, 2008.
     Hon. Albio Sires,
     House of Representatives,
     Washington, DC.
       Dear Representative Sires: On behalf of its members, PHADA 
     thanks you for your support of the public housing program and 
     for your efforts to ensure the workability of public housing 
     asset management. Asset management is a landmark program 
     change now several years in the making. During this time, 
     PHADA has advocated for a cost-effective and practicable 
     transition to asset management; a transition that would also 
     enable smaller housing agencies (for whom the transition to 
     individual project based management is neither cost effective 
     nor practical) to be exempt from the process altogether.
       The Public Housing Asset Management Improvement Act of 2008 
     (H.R. 3521) would authorize in statute recommendations long 
     advocated for and broadly supported by PHADA's membership; 
     recommendations that would accomplish this overall objective. 
     PHADA is pleased to express its strong support for the 
     passage of this important and necessary legislation.
       H.R. 3521 will make possible the following:
       1. In 2009, housing agencies and HUD will have an expanded 
     formal process, the basis of which is already established in 
     the Public Housing Operating Fund Final Rule, enabling the 
     negotiation of appropriate property management, bookkeeping 
     and asset management fees. Further, once arrived upon, 
     execution of those fees would commence in 2011.
       2. Small housing authorities that own and manage between 
     250 to 500 public housing units, 12 percent of all agencies, 
     will gain regulatory relief in that the transition to asset 
     management will be optional for them.
       3. The legislation upholds current statute by which public 
     housing residents may organize and participate in the 
     development of policies at public housing agencies.
       PHADA believes these simple provisions will mitigate 
     implementation impediments broadly identified by its members 
     and would provide flexibility critical to housing agencies' 
     survival in a time of dwindling resources.
       PHADA views these items as being essential to the fair, 
     efficient and effective implementation of asset management as 
     currently defined by HUD. It welcomes the opportunity to 
     continue to work with the Department and Members of Congress 
     to ensure that the administration of asset management is 
     handled in a responsible manner going forward. Thank you for 
     the opportunity to express these views.
           Respectfully,
                                                Timothy G. Kaiser,
                                               Executive Director.

  My office has taken calls from public housing authorities across this 
Nation, small, large, urban, and rural authorities supporting this 
bill, and I hope that Members will support this bill. Please make a 
difference for public housing residents and public housing authorities 
by easing their regulatory burden. Vote ``yes'' on H.R. 3521.
  Mr. Chairman, I reserve the balance of my time.
  Mr. ROSKAM. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in opposition to H.R. 3521, the Public Housing 
Asset Management Improvement Act of 2007. The bill makes several 
changes to the Department of Housing and Urban Development's Public 
Housing Agency Asset Management Final Rule. And what I'd like to do, 
rather than reading a lengthy statement, is just sort of summarize some 
of my concerns in a nutshell.
  Without question, there's been a great deal of good work and good 
faith that's been put in on this bill, but I think that there's a 
couple of key points that just fall a little bit short, and I think we 
can do better.
  The first is, the exemption of so many public housing authorities 
from the asset management mandate. And that's something that's a good 
thing, on balance. Asset management says that if you've got unit A and 
unit B and unit C of public housing, then we're going to determine the 
cost of unit A, the cost of unit B, and the cost of unit C, and that 
we're not going to mix all these things up together and act as if each 
individual one isn't responsible for an individual cost. Asset 
management is a good business practice that makes all kinds of sense. 
And if the bill, as amended, is ultimately passed by this House, 88 
percent of public housing authorities in the United States would be 
exempt. That's a bad idea.
  The second thing that is actually a bigger concern to me, is section 
2 of the bill, and it relates to management and related fees. Let me 
just read part of the language that this House is being asked to vote 
on. It says, ``The Secretary shall not impose any,'' and that's the 
operative word, Mr. Chairman, ``any restriction or limitation on the 
amount of management and related fees with respect to a public housing 
project if the fee is determined to be reasonable by the Public Housing 
Agency unless,'' and then there's a couple of limitations that have to 
do with timing. The Secretary shall not impose any restriction or 
limitation. Any restriction? Any limitation? And who is it that's going 
to determine whether a fee is reasonable?

[[Page H1050]]

  Well, under this bill, as amended, under this bill, it's going to be 
the very entity that's going to be the beneficiary of that fee. So 
we're essentially saying to the fox, Why don't you guard the henhouse? 
Why don't you decide what your fee is going to be, and you simply send 
the bill to the taxpayer, and that's the bill that's going to be paid? 
I think that's unreasonable. I think that common sense says, no, no, 
no. Common sense says, there's going to be someone else that determines 
reasonableness of fees before a bill is going to be paid. And what this 
does is it says, and it's a curious thing to me. I can't figure out for 
the life of me why. It says that the determination of reasonableness 
and the renegotiation of reasonableness can't be brought up for another 
year. This can't even be the subject of a conversation, a substantive 
negotiation, until April 1 of 2009. And then, even if something is 
negotiated then, it can't be imposed until 2011, 3 years away. I just 
think that's unreasonable, and I think it is a financial control that's 
in place that is being put adrift, and we're not going to be able to 
get it back for 3 years. Costs are going to go up. Mark my words.
  Finally, this allows for the diversion of capital funds, Mr. 
Chairman. You know, there's always a natural tension, right, between 
capital funds and operating funds, and we hear that all the time. There 
is no shortage of national attention and national conversation and 
national concern about the atrophying of our capital, the atrophying of 
our infrastructure. And what we ought not be doing is creating more 
fungibility, in other words, more pressure to take money and divert 
precious capital money from capital expenditures, which are the 
traditional bricks and mortars of public housing to go into the 
operating side. And for those reasons, I rise in opposition.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1400

  Mr. SIRES. Mr. Chairman, I yield 5 minutes to the gentlelady from 
California (Ms. Waters).
  Ms. WATERS. Mr. Chairman, I am indeed honored to be an original 
cosponsor of H.R. 3521, the Public Housing Asset Management Improvement 
Act of 2007; and I want to thank Mr. Sires and Chairman Frank for their 
dedication and commitment to resolving this, at times, perplexing and 
confusing process known as asset management to which our public housing 
agencies have been struggling to adapt for several years now. This 
struggle has been made all the worse by the Department of Housing and 
Urban Development's overly prescriptive guidance on some issues, lack 
of guidance on other issues, and contradictory or insufficient guidance 
on everything in between.
  I think we can all agree that public housing agencies can be better 
at managing our public housing resources and that asset management has 
the potential to improve how public housing is managed nationwide. 
However, in examining the issues behind the implementation of asset 
management, it has become clear that HUD's one-size-fits-all approach 
simply won't work. In addition, the Department's willful disregard of 
existing statute as a part of the implementation is eroding the trust 
of housing agencies' residents and some Members of this Congress.
  In light of the Department's actions and the need to proceed with 
asset management, my friend from New Jersey who introduced this bill, 
H.R. 3521, maintains and respects the negotiated rulemaking agreed to 
by all parties, housing agencies, their industry representatives and 
HUD and still requires housing agencies to convert to asset management 
by 2011.
  However, the bill settles three outstanding issues that have slowed 
the implementation of asset management: number one, the amount of 
management fees; number two, the ability of housing agencies to use a 
portion of their capital funds while operating expenses as allowed 
under statute; and number three, the kind of housing agencies that must 
convert to asset management. These are all critical issues that must be 
decided before 2011.
  H.R. 3521 would require negotiated rulemaking to settle the issue of 
management fees. The fees that the Department is attempting to impose 
on housing agencies are, in many cases, insufficient and will not meet 
the needs of housing agencies that have been historically underfunded.
  In addition, these fees appear to have been arrived at in an 
arbitrary manner. Negotiated rulemaking on the subject of management 
fees would allow the Nation's housing managers to work with HUD to 
determine a reasonable fee for managing public housing. Because the 
date for full implementation of asset management would stay the same, 
negotiated rulemaking would not delay or stall conversion to asset 
management.
  On the use of capital funds for operating expenses, the statute is 
very clear. Housing agencies have the ability to move 20 percent of 
their capital funds to their operating fund. However, in its guidance, 
the Department has disregarded this plain-as-day statute and has 
limited capital fund fungibility to 10 percent. The bill simply asserts 
what is already in law.
  Large housing agencies will benefit the most from asset management 
due to the economies of scale that will result from streamlining their 
operations. By raising the threshold for conversion from housing 
agencies that manage 250 units to those that manage 500 units, the bill 
simply ensures that only those housing agencies with the ability to 
benefit from asset management are required to comply with it.
  Furthermore, the bill makes sure that asset management does not 
stifle tenant participation and resident organization. Public housing 
residents are very concerned about how asset management will impact 
their ability to participate and to organize. The bill ensures that the 
ability of residents to remain involved and to be represented is not 
impinged upon.
  Mr. Chairman, this bill does not undo, reverse, or undermine the 
original negotiated rulemaking between housing agencies and the 
Department. It simply settles four outstanding issues so that asset 
management can move forward.
  Mr. ROSKAM. Mr. Chairman, I have no other speakers, and I will 
reserve the balance of my time.
  Mr. SIRES. Mr. Chairman, I yield 4 minutes to my friend from New 
Jersey (Mr. Pascrell).
  Mr. PASCRELL. Mr. Chairman, I rise today in strong support of H.R. 
3521, the Public Housing Asset Management Improvement Act of 2007.
  I commend Chairman Frank and commend Chairwoman Waters and my 
colleague from New Jersey, Congressman Albio Sires, for bringing to the 
floor this very important legislation. This is the most significant 
administrative transformation, Mr. Chairman, in 30 years dealing with 
all of the public housing authorities throughout the United States.
  This bill, developed with the input of public housing agencies, 
administrators and tenants, is a commonsense measure that provides 
flexibility to the Nation's public housing authorities as they 
transition to asset management.
  I must say to my friend from Illinois, the points that you bring up 
are salient, but it doesn't work here, and I will tell you why. H.R. 
3521 was included as part of H.R. 2764, the Consolidated Appropriations 
Act of 2008, which the President signed on December 26, 2007. It's 
already law.
  Specifically, the Consolidated Appropriations Act included the 
provision to allow flexible funding between the capital and operating 
funds. It also expanded the exemption from implementing asset 
management from public housing authorities with less than 250 units to 
public housing authorities with less than 400 units. This legislation 
that is before us today increases that threshold to 500 units. So what 
we are taking is something already in the law and expanding it.
  H.R. 3521 would also be permanent whereas the Consolidated 
Appropriations Act would only put provisions in place for the year 
2008. I ask that that be considered, and I think it is a very important 
part of what we are debating today.
  Asset management is an efficient administrative style that allows 
public housing authorities to manage each individual housing 
development on a project-level basis as opposed to managing 
developments on an agency-wide basis.
  While most stakeholders support the idea of asset management, they 
believe that HUD has implemented its inflexibility. For example, HUD 
has mandated that public housing authorities

[[Page H1051]]

demonstrate compliance. So this is not a willy-nilly situation here. 
This is something you have to comply to the law. New rules will be 
established by 2011, which the PHAs believe is too soon. You have to 
get these public housing authorities that have been operating, many of 
them for 30 years, the flexibility for compliance. And HUD is 
overseeing them. You act as if there is no one who is auditing the 
books.
  We need time to issue timely and complete guidance on these new 
regulations causing some PHAs to lose funding and staff. I don't think 
any of us want that.
  During this time of declining resources for public housing, when is 
the last time we built public housing? When is the last time we built 
public housing for seniors at a time when we know what is going on out 
there with people losing homes? When is the last time we have provided 
public housing?
  So during this time of declining resources for public housing, it is 
imperative that we provide them with the flexibility they need to use 
their funds as they see fit. This legislation requires new negotiated 
rulemaking to begin in 2009 to ensure that housing authorities are 
funded according to an accurate funding formula and allows the public 
housing authorities the flexibility to move small amounts of funding 
from capital to operating funds.
  Also, this legislation exempts small public housing authorities from 
asset management, as they generally will see no economic or efficiency 
improvements from its implementation and ensure that the PHAs involve 
tenants in every decision.
  Mr. Chairman, this bill makes real practical changes that will truly 
benefit our public housing agencies as they implement asset management. 
I urge my colleagues to support its passage, and I commend the sponsors 
of this legislation.
  Mr. ROSKAM. Mr. Chairman, I yield myself such time as I may consume.
  I appreciate the tone of the discussion this afternoon very, very 
much. I just want to point out and really ask the House if you notice 
something, and at the beginning of my remarks, I put out, essentially 
as a challenge, this concern that I have of this language: the 
secretary shall not impose any restriction or limitation on the amount 
of management and related fees. Nothing: no restrictions, no authority, 
completely stripped so that there is nobody that has the ability that 
can come in and say this invoice for management, this amount of money 
for management, are you kidding me? That's outrageous. Nobody has the 
authority to do that. They do now, they do currently have that ability, 
but under this bill, Mr. Chairman, that authority goes away.
  Now, the gentleman from New Jersey, the previous speaker, mentioned 
the fungibility argument. I accept that as an argument. I just don't 
think it is a good idea. I don't think that something that's in an 
appropriations bill, just because it's a bad idea, that it needs the 
House's imprimatur once again. That's going to expire at the end of the 
year, and I think we can do better.
  So just in summary, what we are being asked to do today is 
essentially to limit down the amount of public housing authorities that 
would be under asset management to only 12 percent of the public 
housing authorities in the United States. Only 12 percent of them would 
be subject to asset management if this bill is enacted.
  So I think those are sufficient numbers to say, you know what, I 
think we can do better. Those are sufficient reasons, sufficient 
arguments that would suggest that we can do better. This should go back 
to the drawing board. And I urge a ``no'' vote.
  With that, I yield back the balance of my time.
  Mr. SIRES. Mr. Chairman, just in closing I would like to say that 
there is oversight, and the 20 percent that we are talking about is 
just increasing 10 percent because already they have the ability to 
move 10 percent. With all of the costs, all of the increases and the 
underfunding of these housing authorities, I think this is reasonable.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill shall be considered as an original bill for the 
purpose of amendment under the 5-minute rule and shall be considered 
read.
  The text of the committee amendment is as follows:

                               H.R. 3521

       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 ``Public Housing Asset 
     Management Improvement Act of 2007''.

     SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND RELATED FEES.

       (a) Management and Related Fees.--The Secretary shall not 
     impose any restriction or limitation on the amount of 
     management and related fees with respect to a public housing 
     project if the fee is determined to be reasonable by the 
     public housing agency, unless such restriction or limitation 
     imposed by the Secretary on such fees--
       (1) is determined pursuant to a negotiated rulemaking which 
     is convened by the Secretary no earlier than April 1, 2009, 
     and in accordance with subchapter III of chapter 5 of title 
     5, United States Code, with representatives from interested 
     parties; and
       (2) is effective only on or after January 1, 2011.
       (b) Increase of Threshold for Exemption From Asset 
     Management Requirements.--Any public housing agency that owns 
     or operates fewer than 500 public housing units under title I 
     of the United States Housing Act of 1937 may elect to be 
     exempt from any asset management requirement imposed by the 
     Secretary.

     SEC. 3. PROHIBITION ON RESTRICTION OF FUNGIBILITY OF CAPITAL 
                   FUND AMOUNTS.

       The Secretary of Housing and Urban Development shall not 
     impose any requirement, regulation, or guideline relating to 
     asset management that restricts or limits in any way the use 
     by public housing agencies of amounts for Capital Fund 
     assistance under section 9(d) of such Act, pursuant to 
     paragraph (1) or (2) of section 9(g) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g(g)), for costs of any 
     central office of a public housing agency.

     SEC. 4. TENANT PARTICIPATION.

       (a) Rule of Construction.--Neither the requirements of this 
     Act, nor any other requirement, regulation, guideline, or 
     other policy or action of the Department of Housing and Urban 
     Development relating to public housing asset management may 
     be construed to repeal or waive any provision of part 964 of 
     title 24 of the Code of Federal Regulations, regarding tenant 
     participation and tenant opportunities in public housing. The 
     Secretary of Housing and Urban Development shall ensure that 
     public housing agencies encourage the reasonable efforts of 
     resident tenant organizations to represent their members or 
     the reasonable efforts of tenants to organize.
       (b) Guidance.--Guidance issued by the Secretary of Housing 
     and Urban Development shall encourage participation by 
     residents in the implementation of asset management and the 
     development of local policies for such purposes.

  The CHAIRMAN. No amendment to the committee amendment is in order 
except those printed in House Report 110-524. Each amendment may be 
offered only in the order printed in the report; by a Member designated 
in the report; shall be considered read; shall be debatable for the 
time specified in the report, equally divided and controlled by the 
proponent and an opponent of the amendment; shall not be subject to 
amendment; and shall not be subject to a demand for division of the 
question.


                  Amendment No. 1 Offered by Mr. Sires

  The CHAIRMAN. It is now in order to consider amendment No. 1 printed 
in House Report 110-524.
  Mr. SIRES. Mr. Chairman, as the designee of Mr. Frank of 
Massachusetts, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Sires:
       Page 2, after line 17, insert the following:
     The Secretary may not consider a public housing agency as 
     failing to comply with the asset management requirements of 
     subpart H of part 990 of title 24 of the Code of Federal 
     Regulations, or any successor or amended regulation 
     containing asset management requirements, or determine that 
     an agency fails to comply with such requirements, because of 
     or as a result of the agency determining its fees in 
     accordance with this subsection.
       At the end of the bill add the following new section:

     SEC. 5. INELIGIBILITY OF ILLEGAL IMMIGRANTS FOR ASSISTANCE.

       Immigrants who are not lawfully present in the United 
     States shall be ineligible for financial assistance under 
     this Act, as provided and defined by section 214 of the 
     Housing and Community Development Act of 1980 (42 U.S.C. 
     1436a). Nothing in this Act shall be construed to alter the 
     restrictions or definitions in such section 214.

  The CHAIRMAN. Pursuant to House Resolution 974, the gentleman from 
New Jersey (Mr. Sires) and a Member opposed each will control 5 
minutes.

[[Page H1052]]

  The Chair recognizes the gentleman from New Jersey.

                              {time}  1415

  Mr. SIRES. This manager's amendment covers two different aspects of 
the bill. The first part addresses compliance with section 2 of the 
bill. Section 2 grants agencies that lost funding because of asset 
management to walk out of the funding agreement. The bill allows them 
to set their own reasonable management fee until a new negotiated 
rulemaking takes place. However, the Department recently announced that 
any agency compliant with this provision of the bill will be deemed as 
noncompliant with the Asset Management Final Rule. The manager's 
amendment makes it clear that these agencies are compliant.
  The second part of the manager's amendment restates current law that 
undocumented immigrants are ineligible for financial assistance under 
section 214 of the Housing and Community Development Act of 1980. These 
changes are technical and should be adopted.
  Chairman Frank and I urge a ``yes'' vote on these amendments.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KANJORSKI. Mr. Chairman, I rise today in support of H.R. 3521, 
the Public Housing Asset Management Improvement Act. This legislation 
works to provide flexibility to public housing agencies as they make 
the transition to the new asset management system.
  As we are working to enact this legislation, I am pleased that we 
incorporated provisions to ease the potential burdens for many smaller 
public housing authorities, including many in my Congressional 
district. I am also pleased to see that the Manager's Amendment we are 
considering includes language that reaffirms current Federal law and 
ensures that illegal immigrants do not receive public housing benefits 
that should only go to those who rightfully deserve them.
  Mr. Chairman, in closing, I would like to express my appreciation to 
Mr. Sires of New Jersey for introducing this legislation and to 
Chairman Frank for working to include language in the Manager's 
Amendment pertaining to illegal immigration. I urge my colleagues to 
vote in favor of H.R. 3521, the Public Housing Asset Management 
Improvement Act.
  Mr. ROSKAM. Mr. Chairman, we have no opposition to the amendment, and 
I yield back the balance of my time.
  Mr. SIRES. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Sires).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. SIRES. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from New Jersey will be 
postponed.


             Amendment No. 2 offered by Mr. Meek of Florida

  The CHAIRMAN. It is now in order to consider amendment No. 2 printed 
in House Report 110-524.
  Mr. MEEK of Florida. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Meek of Florida:
       Page 3, line 23, after the period insert the following: 
     ``In the case of any public housing agency in receivership, 
     the Secretary of Housing and Urban Development or any 
     receiver may not abrogate, waive, repeal, or modify any 
     provision of part 964 of title 24 of the Code of Federal 
     Regulations or any provision of a formalized housing 
     agreement entered into pursuant to such part 964 (including 
     pursuant to section 964.11, 964.14, 964.18(a)(6), or 964.135 
     of such part) before the commencement of such receivership by 
     a resident or tenant organization and the public housing 
     agency.''.

  The CHAIRMAN. Pursuant to House Resolution 974, the gentleman from 
Florida (Mr. Meek) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. MEEK of Florida. Members, I think that this amendment is well in 
order. First of all, I want to thank the chairman of the committee, Mr. 
Frank, and also Mr. Sires, who has been a leader in this, my friend 
from New Jersey, and also Chairwoman Waters.
  Mr. Chairman, this amendment simply, on page 3, line 23, gives those 
individuals who find themselves in the middle of a dispute between the 
Department of Housing and Urban Development and a local housing 
authority, when that particular local housing authority falls into 
receivership, all agreements that have been agreed upon as it relates 
to tenants and that housing authority should be honored when that takes 
place.
  Case in point: In south Florida we were awarded a HOPE VI grant, and 
the housing authority failed the residents in being able to implement 
that grant, and then the residents and housing authority came together 
for the better good to make sure there weren't a number of homeless 
individuals, and those agreements ended up going south. And I think 
there are other communities that will be going through this in the very 
near future.
  I am offering this amendment, and hopefully the Members will accept 
this amendment in good faith and it will help us move forward as we 
look at these situations in the future.
  Mr. Chairman, I reserve the balance of my time.
  Mr. ROSKAM. Mr. Chairman, I claim the time in opposition.
  The CHAIRMAN. The gentleman from Illinois is recognized for 5 
minutes.
  Mr. ROSKAM. Mr. Chairman, I reserve the balance of my time.
  Mr. MEEK of Florida. Mr. Chairman, I would like to recognize the 
gentleman from New Jersey (Mr. Sires) for 1 minute.
  Mr. SIRES. I would like to thank Mr. Meek for offering this 
amendment.
  This amendment clarifies that the Department cannot prevent public 
housing authorities in receivership from benefiting from this bill.
  Chairman Frank and I fully support this amendment, and we urge 
adoption.
  Mr. MEEK of Florida. Mr. Chairman, I reserve the balance of my time.
  Mr. ROSKAM. Mr. Chairman, I yield back the balance of my time.
  Mr. MEEK of Florida. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida (Mr. Meek).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. ROSKAM. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Florida will be 
postponed.


                      Announcement by the Chairman

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments printed in House Report 110-524 on which 
further proceedings were postponed, in the following order:
  Amendment No. 1 by Mr. Sires of New Jersey.
  Amendment No. 2 by Mr. Meek of Florida.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.


                  Amendment No. 1 Offered by Mr. Sires

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from New Jersey (Mr. 
Sires) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 415, 
noes 0, not voting 18, as follows:

                             [Roll No. 75]

                               AYES--415

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)

[[Page H1053]]


     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--18

     Allen
     Boucher
     Brown-Waite, Ginny
     Christensen
     Fortuno
     Graves
     Gutierrez
     Hulshof
     Jones (OH)
     Keller
     Lungren, Daniel E.
     Peterson (PA)
     Pryce (OH)
     Reynolds
     Ryan (OH)
     Sutton
     Wexler
     Woolsey

                              {time}  1446

  Messrs. CALVERT, PEARCE, and GINGREY changed their vote from ``no'' 
to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


             Amendment No. 2 Offered By Mr. Meek of Florida

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Florida (Mr. Meek) 
on which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 337, 
noes 77, not voting 19, as follows:

                             [Roll No. 76]

                               AYES--337

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burton (IN)
     Butterfield
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Goodlatte
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Klein (FL)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Price (NC)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stupak
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wittman (VA)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--77

     Akin
     Bachmann
     Barrett (SC)
     Bilirakis
     Blackburn
     Blunt
     Brady (TX)
     Broun (GA)
     Burgess
     Buyer
     Campbell (CA)
     Carter
     Conaway
     Cubin
     Culberson

[[Page H1054]]


     Davis, David
     Deal (GA)
     Doolittle
     Duncan
     Feeney
     Flake
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Granger
     Hall (TX)
     Heller
     Hensarling
     Herger
     Inglis (SC)
     Johnson (IL)
     Johnson, Sam
     Jordan
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Latta
     Lewis (KY)
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McHenry
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Myrick
     Neugebauer
     Pence
     Peterson (PA)
     Poe
     Price (GA)
     Radanovich
     Rohrabacher
     Roskam
     Royce
     Sali
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Stearns
     Sullivan
     Tancredo
     Thornberry
     Tiahrt
     Wamp
     Weldon (FL)
     Westmoreland
     Wilson (SC)

                             NOT VOTING--19

     Allen
     Boucher
     Brown-Waite, Ginny
     Christensen
     Fortuno
     Graves
     Gutierrez
     Hodes
     Hulshof
     Jones (OH)
     Keller
     Lewis (GA)
     Lungren, Daniel E.
     Pryce (OH)
     Reynolds
     Ryan (OH)
     Sutton
     Wexler
     Woolsey


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 2 minutes remain 
on this vote.

                              {time}  1454

  Mrs. McMORRIS RODGERS and Mr. PENCE changed their vote from ``aye'' 
to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. The question is on the committee amendment in the 
nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mrs. 
Tauscher) having assumed the chair, Mr. Serrano, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3521) to 
improve the Operating Fund for public housing of the Department of 
Housing and Urban Development, pursuant to House Resolution 974, he 
reported the bill back to the House with an amendment adopted by the 
Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole? If not, the question is on 
the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


            Motion to Recommit Offered by Mr. Smith of Texas

  Mr. SMITH of Texas. Madam Speaker, I have a motion to recommit at the 
desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. SMITH of Texas. I am in its current form.
  Mr. SIRES. Madam Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  The Clerk will report the motion to recommit.
  The Clerk read as follows:

       Mr. SMITH of Texas moves to recommit the bill, H.R. 3521, 
     to the Committee on Financial Services with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Strike all after the enacting clause and insert the text of 
     the bill H.R. 3773 as passed by the Senate on February 12, 
     2008.


                             Point of Order

  Mr. SIRES. Madam Speaker, I make a point of order that the amendment 
is not germane to the bill. The bill H.R. 3773 has nothing to do with 
the asset management bill under consideration.
  The SPEAKER pro tempore. Does any other Member wish to be heard on 
the point of order?
  Mr. SMITH of Texas. Yes, I do, Madam Speaker.
  Madam Speaker, once again, the Democratic majority is insisting on a 
procedural objection to block consideration of the Senate-passed FISA 
modernization bill. This motion to recommit adds the bipartisan bill 
passed 2 weeks ago by the Senate, 68-29.
  The SPEAKER pro tempore. The gentleman will suspend.
  The gentleman must confine his remarks to the gentleman from New 
Jersey's point of order.
  Mr. SMITH of Texas. Madam Speaker, there is nothing more germane to 
the security of the American people than to take up the Senate bill as 
quickly as possible.
  Now I would like to reiterate my disappointment that the majority has 
raised a point of order against this motion to recommit.
  Mr. SIRES. Madam Speaker, the gentleman is not speaking on the point 
of order.
  The SPEAKER pro tempore. The gentleman from Texas must confine his 
remarks to the point of order.
  Mr. SMITH of Texas. Madam Speaker, I would like to ask the gentleman 
to withdraw his point of order and allow for an up-or-down vote on the 
bipartisan Senate reform bill.
  Mr. SIRES. Madam Speaker, I insist on my point of order.
  The SPEAKER pro tempore. The instructions in the motion to recommit 
propose an amendment consisting of the text of an entirely different 
measure that falls outside the jurisdiction of the Committee on 
Financial Services. The instructions are therefore not germane. The 
point of order is sustained. The motion is not in order.
  Mr. SMITH of Texas. Madam Speaker, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


                  Motion to Table Offered by Mr. Sires

  Mr. SIRES. Madam Speaker, I move to table the appeal.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. SIRES. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 218, 
noes 195, not voting 15, as follows:

                             [Roll No. 77]

                               AYES--218

     Abercrombie
     Ackerman
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Wu
     Wynn
     Yarmuth

[[Page H1055]]



                               NOES--195

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--15

     Allen
     Brown-Waite, Ginny
     Frank (MA)
     Graves
     Gutierrez
     Hulshof
     Jones (OH)
     Keller
     Lungren, Daniel E.
     Peterson (MN)
     Pryce (OH)
     Ryan (OH)
     Sutton
     Wexler
     Woolsey


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining on this vote.

                              {time}  1520

  Mr. SHADEGG, Mr. BOEHNER and Mr. LEWIS of California changed their 
vote from ``aye'' to ``no.''
  Mr. ISRAEL and Mr. SMITH of Washington changed their vote from ``no'' 
to ``aye.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


                          Personal Explanation

  Mr. GUTIERREZ. Madam Speaker, I was unavoidably absent from this 
Chamber yesterday and today. I would like the Record to show that, had 
I been present, I would have voted ``yea'' on rollcall votes 69, 70, 
71, 72, 73, 74, 75, 76, and 77.


              Motion to Recommit Offered by Mrs. Bachmann

  Mrs. BACHMANN. Madam Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Mrs. BACHMANN. Yes, in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mrs. Bachmann moves to recommit the bill H.R. 3521 to the 
     Committee on Financial Services with instructions to report 
     the same back to the House promptly with the following 
     instructions:
       Page 2, after line 17, insert the following:
     The Secretary of Housing and Urban Development shall not 
     accept as reasonable any fees for enforcing any provision of 
     a dwelling lease agreement or other similar agreement that 
     requires the registration of or prohibits the possession of 
     any firearm that is possessed by an individual for his or her 
     personal protection or for sport the possession of which is 
     not prohibited, or the registration of which is not required, 
     by existing law.

  The SPEAKER pro tempore. The gentlewoman from Minnesota is recognized 
for 5 minutes.
  Mrs. BACHMANN. Madam Speaker, our Founding Fathers wrote our Nation's 
fundamental values of freedom and representative government into our 
Constitution. This includes the people's second amendment right to keep 
and bear arms.
  Citizens who are in compliance with the law should not have those 
rights taken away, including those who live in public housing. Yet, 
public housing authorities, including the one right here in our 
Nation's Capital, are telling residents that in order to be a resident 
of public housing, you must give up your second amendment rights. You 
must give up your right to own a firearm for sport or for hunting or, 
most importantly, to protect yourself or your family.
  Let me quote from the January 2008 dwelling lease agreement for D.C.: 
``Lessee and all Others are required to comply with the following use 
restrictions and requirements . . . To refrain from storing, 
maintaining, using, distributing, purchasing or selling any type of 
firearms or ammunition on the Leased Premises or the Development, 
whether registered or unregistered.''
  In other words, Madam Speaker, even if you comply with all the laws 
of the District of Columbia related to gun ownership, you are 
prohibited from owning a gun if you are a resident of public housing.
  We are talking about law-abiding citizens, not criminals. Criminals 
are already largely prohibited from residing in public housing. 
Residents of public housing share the same legal rights to possess 
lawful property and to take measures to defend their lives as do 
homeowners who control their estate.
  The D.C. policy clearly discriminates against the poorest members of 
our society simply because they are residents of public housing.
  Less than 2 weeks ago, 250 Members of this House of Representatives, 
including 65 Members of the majority, who said there shouldn't be any 
gun ban here in the District of Columbia signed a bipartisan amicus 
curiae brief in District of Columbia v. Heller, which said it is a case 
that currently is before the United States Supreme Court which 
questions the constitutionality of the D.C. gun ban. The amicus brief 
supports the ruling by a lower Federal appeals court which upheld the 
constitutional right of individual citizens to keep and bear arms.
  Just to refresh my colleagues one more time, one notable line from 
the brief states, and I quote, ``Had Americans in 1787 been told that 
the Federal Government could ban the frontiersman in his log cabin, or 
the city merchant living above his store, from keeping firearms to 
provide for and protect himself and his family, it is hard to imagine 
that the Constitution would have been ratified.''
  The D.C. public housing restriction goes even further than the D.C. 
gun ban in question in this case.
  Madam Speaker, we must assure that Americans living in public housing 
have their personal right to possess firearms for hunting or self-
defense.
  This motion to recommit is simple. It clarifies that public housing 
authorities that participate in the asset management program cannot 
prohibit their law-abiding tenants from possessing firearms and 
ammunition.
  Madam Speaker, I ask my colleagues to join me in supporting this 
motion, and I yield back the balance of my time.
  Ms. WATERS. Madam Speaker, I rise to oppose the motion.
  The SPEAKER pro tempore. The gentlewoman from California is 
recognized for 5 minutes.
  Ms. WATERS. Madam Speaker, I rise almost in disbelief that my friends 
on the opposite side of the aisle, led by Mrs. Bachmann, would dare 
bring to this floor a motion that basically would say to us that the 
Federal Government cannot direct this issue on Federal property.
  We own these public housing authorities. The people who are here live 
under the rules that we develop for living in public housing. We are 
confronted with the problem in America, and that problem is, 
unfortunately, and painfully, we have poor people who are isolated, and 
they find their power and their strength in the gun.
  There are far too many guns raging every night in America in public 
housing authorities, whether it is Los Angeles or New York or down 
south.
  What you find are young jobless men in gangs who shoot throughout the

[[Page H1056]]

night where people are ducking under their beds, afraid to open their 
doors. Many of these public housing authorities are on main 
thoroughfares, next to shopping centers, on your way to the airport.
  These bullets don't limit themselves to inside these public housing 
authorities. They could end up shooting people who are passing through 
the area.
  I understand, perhaps, the argument that one would make about 
constitutional rights. While I disagree with that, I think it is 
foolhardy and foolish to talk about we don't have the authority to 
determine what happens on our property.
  There are those in this room who would shout down public housing 
authorities and not give people a place to live at all, because they 
said there is too much violence, there is too much joblessness, there 
is too much violence. There are those of us who have worked for years 
not only to clean up these public housing authorities but to make sure 
that the people who live there are abiding by the law.
  I am in disbelief that anyone could believe it's all right to 
continue what is happening in America today in many of these public 
housing authorities where young people are dying. Of course we don't 
like it. Of course we are appalled at it. We are pained with it. But 
give me a break. All of us are much more responsible than this motion 
to recommit would have us believe.
  I would yield to the gentleman from Maryland.
  Mr. HOYER. I thank the gentlelady for yielding.
  Would the gentlelady, the sponsor of the motion to recommit, yield 
for a question?
  Mrs. BACHMANN. Yes.
  Mr. HOYER. I thank the gentlelady.
  Would the gentlelady agree to a unanimous consent request to make 
your amendment a forthwith amendment so that it could be voted upon? My 
presumption is the gentlelady wants the amendment adopted, the 
gentlelady believes the majority of the House is for it. Would the 
gentlelady agree to such a unanimous consent?
  Mrs. BACHMANN. Madam Speaker, I appreciate the request from the 
majority leader; however, the answer would be no.
  We are aware of this problem, and it's very important that we send 
this back to the committee so that it will be fixed.
  Mr. HOYER. Reclaiming my time, so it's more important to delay it 
than to adopt it now?
  Mrs. BACHMANN. Madam Speaker and Majority Leader, as you know, the 
important point is that the committee has a chance to look at this 
measure. They did not have a chance to do so. We want to make sure that 
they have the opportunity to fix the bill.

                              {time}  1530

  Mr. HOYER. Madam Speaker, I ask unanimous consent that the motion to 
recommit be amended by substituting the term ``promptly'' with the term 
``forthwith.''
  The SPEAKER pro tempore. The Chair will recognize only the proponent 
of the motion for such a request.
  Ms. WATERS. Madam Speaker and Members, our majority leader just put 
before us a motion that I think we should all support. It is 
unreasonable for us to think that somehow we are going to not give this 
House the opportunity to provide leadership on crime.
  There are Members on the opposite side of the aisle who would 
identify themselves as being law and order people, of wanting to get 
rid of guns and crime. Well, this is an opportunity to show where you 
stand. Do you stand with us to keep Americans safe? Do you stand with 
us to make the rules on Federal property, or are you going to vote us 
down?
  The SPEAKER pro tempore. The gentlewoman's time has expired.
  Pursuant to section 2 of House Resolution 974, further proceedings on 
H.R. 3521 are postponed.

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