[House Report 110-524]
[From the U.S. Government Publishing Office]




110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-524

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  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3521) TO IMPROVE THE 
  OPERATING FUND FOR PUBLIC HOUSING OF THE DEPARTMENT OF HOUSING AND 
                           URBAN DEVELOPMENT

                                _______
                                

 February 12, 2008.--Referred to the House Calendar and ordered to be 
                                printed

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

                              R E P O R T

                       [To accompany H. Res. 974]

    The Committee on Rules, having had under consideration 
House Resolution 974, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3521, the 
Public Housing Asset Management Improvement Act of 2007, under 
a structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Financial Services. The 
rule waives all points of order against consideration of the 
bill except clauses 9 and 10 of rule XXI. The rule provides 
that the amendment in the nature of a substitute recommended by 
the Committee on Financial Services now printed in the bill 
shall be considered as an original bill for the purpose of 
amendment and shall be considered as read. The rule waives all 
points of order against the amendment in the nature of a 
substitute except for clause 10 of rule XXI. This waiver does 
not affect the point of order available under clause 9 of rule 
XXI (regarding earmark disclosure).
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker. The rule tables H. Res. 955.

                         EXPLANATION OF WAIVERS

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

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Frank (MA)/Sires (NJ): The amendment clarifies the 
intent of an amendment offered by Rep. Velazquez and adopted by 
the Financial Services Committee by ensuring that public 
housing authorities that apply to HUD for ``stop-loss'' do not 
have their applications rejected on the basis that the 
management and related fees they establish pursuant to this 
bill are not reasonable as defined by HUD. Additionally, the 
amendment is a restatement of current law with respect to the 
ineligibility of illegal immigrants for assistance. (10 
minutes)
    2. Meek (FL): The amendment holds HUD responsible, in the 
case of receivership, for performing the same responsibilities 
that the local housing agencies have in respect to working with 
tenant associations before building public housing. 
Additionally, in the case of receivership, before building new 
public housing HUD must honor any formal agreements entered 
into before the commencement of such receivership between the 
local housing authority and the tenant association. (10 
minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Frank of Massachusetts, 
               or His Designee, Debatable for 10 Minutes

  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.
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2. An Amendment To Be Offered by Representative Meek of Florida, or His 
                   Designee, Debatable for 10 Minutes

  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.''.

                                  
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