[House Report 110-509]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-509
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3524) TO REAUTHORIZE THE
HOPE VI PROGRAM FOR REVITALIZATION OF SEVERELY DISTRESSED PUBLIC
HOUSING, AND FOR OTHER PURPOSES
_______
January 16, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Castor, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 922]
The Committee on Rules, having had under consideration
House Resolution 922, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3524, the
HOPE VI Improvement and Reauthorization Act of 2007, under a
structured rule. The rule provides one hour of general debate
equally divided and controlled by the chairman and ranking
minority member of the Committee on Financial Services. The
rule waives all points of order against consideration of the
bill except clauses 9 and 10 of rule XXI. The rule provides
that the amendment in the nature of a substitute recommended by
the Committee on Financial Services now printed in the bill
shall be considered as an original bill for the purpose of
amendment and shall be considered as read. The rule waives all
points of order against the amendment in the nature of a
substitute except for clause 10 of rule XXI. This waiver does
not affect the point of order available under clause 9 of rule
XXI (regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker. The rule tables H. Res. 894.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and waives all points of order against the amendment in
the nature of a substitute (except clause 10 of rule XXI), the
Committee is not aware of any points of order. The waivers of
all points of order are prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 420
Date: January 16, 2008.
Measure: H.R. 3524.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Price, Tom (GA), #5, which
would prohibit illegal immigrants from living in housing built
with HOPE VI grants.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay;
Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Waters (CA)/Frank (MA)/Watt (NC): The amendment makes a
number of technical and conforming changes as well as
enhancements to the bill, including the following: (1)
redefines the scope of the 1 for 1 replacement requirement by
requiring the replacement of all units in existence as of
January 1, 2005, and provides a limited waiver from the
replacement requirement; (2) extends the timeline for
rebuilding replacement housing units to 54 months from the date
of execution of the grant agreement, consistent with current
HUD practice; (3) clarifies procedural requirements for making
any significant amendments or changes to a revitalization plan;
(4) removes specific references to LEED for non-residential
construction and excludes costs associated with green
development compliance from HUD's Total Development Cost
calculation; (5) clarifies eligibility and occupancy standards;
and (6) clarifies that no person not lawfully permitted to be
in, or remain in, the United States is eligible for housing
assistance under this bill. (20 minutes)
2. Neugebauer (TX): The amendment would apply the one-to-
one replacement requirement for units demolished under a HOPE
VI grant only to units that are occupied prior to demolition.
(10 minutes)
3. Mahoney (FL): The amendment restores the set-aside for
the Main Street grant program. (10 minutes)
4. Sessions (TX): The amendment maintains HUD's authority
to issue demolition-only grants. (10 minutes)
5. Lee (CA): The amendment will safeguard the rights of
tenants of HOPE VI housing from eviction based on the criminal
activities of others if the tenant is elderly or disabled, and
did not or should not have known of the activity, or if they
were the victims of a criminal act. (10 minutes)
6. King, Steve (IA): The amendment prevents appropriations
for Davis-Bacon wages. (10 minutes)
7. Capito (WV): The amendment substitutes the green
building requirement, which is part of the mandatory core
component of the underlying bill, with a provision that
includes green building as part of the mandatory graded
section. It also strikes references in the bill to specific
green building standards and instead requires the Secretary of
HUD to select a rating system, standard, or code for green
buildings. This standard shall meet certain criteria and the
Secretary shall conduct a study every 5 years to evaluate and
compare third party green building standards to see if they
meet the criteria.
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Waters of California,
or Her Designee, Debatable for 20 Minutes
Page 9, strike lines 7 through 12, and insert the following:
``(I)(aa) provides for
replacement in accordance with
subsection (j) of 100 percent
of all dwelling units in
existence as of January 1,
2005, that are subject to the
revitalization plan and that
have been or will be demolished
or disposed of, on the site
of''.
Page 9, line 15, before the semicolon insert the following:
``, or (bb) pursuant to subsection (j)(1)(B), requests a
reduction of the percentage specified in subsection (j)(1)(A)
and provides for replacement of dwelling units demolished or
disposed of in accordance with the percentage requested''.
Page 9, line 18, strike ``tenants'' and insert ``residents''.
Page 9, strike ``and'' in line 24 and all that follows
through ``(p)(1)'' on page 10, line 2, and insert ``(as
modified by any percentage reduction requested under subsection
(j)(1)(B))''.
Page 11, line 9, before the comma insert ``(including
nonprofit housing developers)''.
Page 13, line 4, before the last comma insert ``(including
nonprofit housing developers)''.
Page 14, line 9, after ``standard'' insert ``or standards''.
Strike line 16 on page 14 and all that follows through page
15, line 5, and insert the following: ``construction, complies
with the components of the green building rating systems and
levels identified by the Secretary pursuant to subsection
(l)(3), but only to the extent such compliance exceeds the
minimum level required under such systems and levels.''.
Page 15, line 13, before ``individuals'' insert ``, but not
limited to, elderly households, disabled households, households
consisting of grandparents raising grandchildren, large
families, households displaced by the revitalization plan in
need of special services, and''.
Page 15, line 16, strike ``State or Federal correctional
facility'' and insert ``prison, jail, or other correctional
facility of the Federal Government, a State government, or a
unit of local government''.
Page 17, after line 21, insert the following:
(c) Exclusion of Green Development Costs From Total
Development Costs.--Subsection (f) of section 24 is amended by
adding after and below paragraph (2) the following:
``In determining the total development costs for a
revitalization plan, the Secretary shall not consider any costs
of compliance with green building rating systems and levels
identified by the Secretary pursuant to subsection (l)(3).''.
Page 21, line 6, before ``dates'' insert ``approximate''.
Page 23, after line 3, insert the following new paragraph:
``(5) Significant amendments or changes to plan.--A
public housing agency may not carry out any significant
amendment or change to a revitalization plan unless--
``(A) the public housing agency has convened
and conducted a public hearing regarding the
significant amendment or change at a time and
location that is convenient for residents of
the public housing subject to the plan and has
provided each household occupying a dwelling
unit in such public housing with written notice
of such hearing not less than 10 days before
such hearing; and
``(B) after such hearing, the public housing
agency consults with the households occupying
dwelling units in the public housing that are
subject to, or to be subject to the plan, and
the agency submits a report to the Secretary
describing the results of such consultation;
and
``(C) the Secretary approves the significant
amendment or change.
Notwithstanding subparagraph (C), if the Secretary does
not approve or disapprove a request for a significant
amendment or change to a revitalization plan before the
expiration of the 30-day period beginning upon the
receipt by the Secretary of the report referred to in
subparagraph (B), such request shall be considered to
have been approved.''.
Page 24, line 20, strike ``either''.
Page 24, line 22, strike ``or provide the tenant'' and insert
``and continue to provide the household with comprehensive
relocation assistance, or at the option of the household,
provide the household''.
Page 26, strike line 13, and insert the following:
``(1) Number.--
``(A) In general.--For one hundred percent,
or such lower percentage as is provided
pursuant to subparagraph (B), of all''.
Page 26, strike ``the date'' in line 14 and all that follows
through line 16 and insert the following: ``January 1, 2005,
that are subject to the revitalization plan and that have been
or will be demolished or disposed of, the public hous-''.
Page 26, after line 18, insert the following:
``(B) Waiver.--
``(i) Authority.--Upon the written
request of a public housing agency
submitted as part of an application for
a grant under this section, the
Secretary may reduce the percentage
applicable under subparagraph (A) to a
revitalization plan of the agency to
not less than 90 percent, but only if--
``(I) the Secretary
determines that such written
request has sufficiently
demonstrated a compelling need
for such reduction due to
extenuating circumstances,
which shall include--
``(aa) a judgment,
consent decree, or
other order of a court
that limits the ability
of the public housing
agency to comply with
such requirements;
``(bb) a severe
shortage of land
available to comply
with such requirements;
and
``(cc) such other
circumstances as the
Secretary determines on
a case-by-case basis;
and
``(II) the reduction is
narrowly tailored such that
it--
``(aa) reduces the
percentage only to the
extent necessary to
address the particular
extenuating
circumstances
demonstrated pursuant
to subclause (I); and
``(bb) is limited in
a manner that ensures
the maximum extent of
compliance with the
requirements of this
subsection.
``(ii) Required and impermissible
considerations.--In determining whether
a compelling need for a reduction
pursuant to this subparagraph exists,
and extenuating circumstances exist,
for purposes of clause (i), the
Secretary--
``(I) shall take into
consideration the extent and
circumstances of any vacant
public housing dwelling units
of the public housing agency;
``(II) shall take into
consideration the extent to
which revitalization plan
provides additional amenities
that will improve the quality
of the life of residents by
increasing open space or by
providing health care or day
care facilities or by providing
larger units to accommodate
families; and
``(III) shall not base any
such determination solely or
primarily upon any financial
hardship of a public housing
agency or any other financial
condition or consideration.
``(iii) No waiver of time limits.--
The Secretary may not, under this
subparagraph, waive any requirement of
paragraph (3) (relating to timing). The
preceding sentence may not be construed
to limit or otherwise affect the
authority under subsection (o)(3).
``(iv) Penalty.--If, pursuant to this
subparagraph, the Secretary reduces the
percentage under subparagraph (A)
applicable to the revitalization plan
of a public housing agency, no grant
under this section may be made to such
agency or for any public housing of
such agency at any time that such
agency is not in full compliance with
the requirements of this paragraph, as
modified by the terms of such
reduction.''.
Page 30, after line 2, insert the following:
``Notwithstanding the preceding sentence, if a
public housing agency has limited areas within
its jurisdiction having low concentrations of
poverty, the replacement housing units provided
in addition to the dwelling units provided
pursuant to subparagraph (A) may be provided
within a 25-mile radius of the mixed-income
development referred to in subparagraph (A).''.
Page 30, strike line 3 and all that follows through
``credit.'' in line 13, and insert the following:
``(3) Timing.--All replacement dwelling units
required pursuant to this subsection with respect to
the revitalization plan of a public housing agency
shall be provided not later than the expiration of the
54-month period that begins upon the execution of the
grant agreement under this section for the
revitalization plan of the public housing agency.''.
Page 31, after line 2, insert the following:
``(5) Project-based vouchers.--There are authorized
to be appropriated such sums as may be necessary for
each of fiscal years 2009 through 2015 for providing
replacement vouchers for project-based rental
assistance for the purpose of complying with the one-
for-one replacement requirement under this
subsection.''.
Page 33, line 1, strike ``(3)'' and insert ``(4)''.
Page 33, line 3, after ``standard'' insert ``or standards''.
Strike line 22 on page 33 and all that follows through page
34, line 9, and insert the following:
``(B) Green buildings certification system.--
All non-residential construction under the
proposed plan complies with all minimum
required levels of the green building rating
systems and levels identified by the Secretary
pursuant to paragraph (3), as such systems and
levels are in effect for purposes of this
subsection pursuant to paragraph (4) at the
time of the application for the grant.''.
Page 35, after line 5, insert the following:
``(3) Identification of green buildings rating
systems and levels.--
``(A) In general.--For purposes of this
section, the Secretary shall identify rating
systems and levels for green buildings that the
Secretary determines to be the most likely to
encourage a comprehensive and environmentally-
sound approach to ratings and standards for
green buildings. The identification of the
ratings systems and levels shall be based on
the criteria specified in subparagraph (B),
shall identify the highest levels the Secretary
determines are appropriate above the minimum
levels required under the systems selected.
Within 90 days of the completion of each study
required by subparagraph (C), the Secretary
shall review and update the rating systems and
levels, or identify alternative systems and
levels for purposes of this section, taking
into account the conclusions of such study.
``(B) Criteria.--In identifying the green
rating systems and levels, the Secretary shall
take into consideration--
``(i) the ability and availability of
assessors and auditors to independently
verify the criteria and measurement of
metrics at the scale necessary to
implement this subsection;
``(ii) the ability of the applicable
ratings system organizations to collect
and reflect public comment;
``(iii) the ability of the standards
to be developed and revised through a
consensus-based process;
``(iv) an evaluation of the
robustness of the criteria for a high-
performance green building, which shall
give credit for promoting--
``(I) efficient and
sustainable use of water,
energy, and other natural
resources;
``(II) use of renewable
energy sources;
``(III) improved indoor
environmental quality through
enhanced indoor air quality,
thermal comfort, acoustics, day
lighting, pollutant source
control, and use of low-
emission materials and building
system controls; and
``(IV) such other criteria as
the Secretary determines to be
appropriate; and
``(v) national recognition within the
building industry.
``(C) 5-year evaluation.--At least once every
five years, the Secretary shall conduct a study
to evaluate and compare available third-party
green building rating systems and levels,
taking into account the criteria listed in
subparagraph (B).''.
Page 35, line 6, strike ``(3)'' and insert ``(4)''.
Page 35, lines 10 and 11, strike `` LEED rating systems'' and
insert ``green building rating systems and levels''.
Page 35, line 12, after ``(B)'' insert ``of paragraph (1)''.
Page 35, line 13, strike ``and systems'' and insert ``,
systems, and levels''.
Page 35, strike lines 21 through 24 and insert the following:
``criteria checklist, any standard or standards that the
Secretary has determined to be substantially equivalent to such
checklist, and the green building ratings systems and levels
identified by the Secretary pursuant to paragraph (3).''.
Page 35, line 25, strike ``Limitation on Exclusion'' and
insert ``Consistent Eligibility and Occupancy Standards''.
Page 36, line 5, strike ``Limitation on exclusion'' and
insert ``Consistent eligibility and occupancy standards''.
Strike ``. A household'' in line 15, on page 36 and all that
follows through page 37, line 7, and insert the following: ``,
including requirements under Federal law relating to safety and
security in public and assisted housing and ineligibility of
drug criminals, illegal drug users, alcohol abusers, and
dangerous sex offenders, preferences for elderly and disabled
residents, and ineligibility of persons convicted of
methamphetamine offenses.''.
Page 37, after line 7, insert the following:
``(3) Consistent occupancy standards for displaced
families.--Notwithstanding paragraph (2), any household
who occupied a dwelling unit in public housing subject
to a revitalization plan of a public housing agency and
that was displaced as a result of the revitalization
shall be subject, for purposes of occupancy in
replacement housing provided pursuant to subsection (j)
under the replacement plan that is owned or managed, or
assisted, by the agency, only to policies, practices,
standards, criteria, and requirements regarding
continued occupancy in such original public housing
(and not to initial occupancy).''.
Page 38, line 7, after the period insert the following:
``Such benchmarks shall include completion of the provision of
all replacement dwelling units provided pursuant to the
requirements of subsection (j)''.
Page 39, after line 5, insert the following:
``(D) project delays and cost increases due
to shortages in labor and materials as a direct
result of location in an area that is subject
to a declaration by the President of a major
disaster or emergency under the Robert T.
Stafford Disaster and Emergency Assistance Act,
except that an extension of the period for
compliance with performance benchmarks pursuant
to this subparagraph shall not be for a period
longer than 12 months;''.
Page 39, line 6, strike ``(D)'' and insert ``(E)''.
Page 39, line 7, strike ``(E)'' and insert ``(F)''.
Page 39, line 9, strike ``(F)'' and insert ``(G)''.
Strike line 17 on page 39 and all that follows through ``(2)
URA.--'' on page 40, line 1, and insert the following:
``(p) Applicability of Uniform Relocation Act.--''.
Page 42, lines 17 and 18, strike ``10 percent or more of the
funds'' and insert ``20 percent or more of the total amount of
HOPE VI grant amounts provided under this section''.
Page 44, after line 18, insert the following:
SEC. 16. EXTENSION OF AVAILABILITY OF FUNDS FOR REVITALIZATION PLANS
DELAYED BY HURRICANES.
Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development may not, before October 1, 2009,
recapture any portion of a grant made to a public housing
agency to carry out a revitalization plan under section 24 of
the United States Housing Act of 1937 (42 U.S.C. 1437v) if the
public housing agency has suffered, as a direct result of
Hurricane Katrina, Wilma, or Rita of 2005--
(1) project delays; and
(2) cost increases due to shortages in labor and
materials.
Page 44, line 19, strike ``sec. 16.'' and
insert ``sec. 17.''.
Page 45, after line 2, insert the following:
SEC. 18. NON-CITIZEN ELIGIBILITY RESTRICTIONS.
No person not lawfully permitted to be in or remain in the
United States is eligible for housing assistance under this Act
or the amendments made by this Act. Nothing in this Act or the
amendments made by this Act alters the rules under section 214
of the Housing and Community Development Act of 1980 (42 U.S.C.
Sec. 1436a).
----------
2. An Amendment To Be Offered by Representative Neugebauer of Texas, or
His Designee, Debatable for 10 Minutes
Page 9, line 4, before the period insert ``for occupied
units''.
Page 9, line 11, after the comma insert ``occupied''.
Page 26, line 9, before the period insert ``for Occupied
Units''.
Page 26, line 14, strike ``in existence'' insert
``occupied''.
----------
3. An Amendment To Be Offered by Representative Mahoney of Florida, or
His Designee, Debatable for 10 Minutes
Page 5, strike lines 8 through 23, and insert the following:
SEC. 5. MAIN STREET PROJECTS GRANTS.
Section 24 is amended--
(1) by redesignating subsection (n) as subsection
(y);
(2) in subsection (l), by striking ``subsection (n)''
each place such term appears and inserting ``subsection
(y)''; and
(3) in subsection (m)(3), by striking ``subsection
(n)'' and inserting ``subsection (y)''.
Page 40, strike lines 19 and 20 and insert the following:
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6);
and
(3) by inserting after paragraph (4) the following
new paragraph:
Page 40, line 21, strike ``(4)'' and insert ``(5)''.
Page 44, line 21, strike ``by adding at the end'' and
inserting ``by inserting before subsection (y) (as so
redesignated by section 5(1) of this Act)''.
----------
4. An Amendment To Be Offered by Representative Sessions of Texas, or
His Designee, Debatable for 10 Minutes
Strike line 18 on page 4 and all that follows through page 5,
line 7.
Page 16, lines 20 through 22, strike ``, as amended by the
preceding provisions of this Act, is further'' and insert
``is''.
Page 16, line 24, strike ``(5)'' and insert ``(4)''.
Page 17, line 9, strike ``(6)'' and insert ``(5)''.
----------
5. An Amendment To Be Offered by Representative Lee of California, or
Her Designee, Debatable for 10 Minutes
Page 40, line 4, strike the quotation marks and the second
period.
Page 40, after line 4, insert the following:
``(3) Public housing and section 8 eviction
provisions.--In the case of any public housing or
housing assisted under section 8, for which assistance
is provided at any time pursuant to a grant for a
revitalization plan under this section, the provisions
of paragraph (6) of section 6(l) and clause (iii) of
section 8(d)(1)(B), respectively, shall apply, except
that any criminal or drug-related criminal activity
referred to in the matter preceding subparagraph (A) of
such paragraph or in the matter preceding subclause (I)
of such clause, respectively, engaged in by a member of
a tenant's household or any guest or other person under
the tenant's control, shall not be cause for
termination of tenancy of the tenant if--
``(A) the tenant is an elderly person (as
such term is defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C. 1701q)) or a
person with disabilities (as such term is
defined in section 811(k) of the Cranston-
Gonzalez National Affordable Housing Act (42
U.S.C. 8013(k)), and
``(B) the tenant did not know and should not
have known of the activity or the tenant or
member of household was the victim of the
criminal activity;''.
----------
6. An Amendment To Be Offered by Representative King of Iowa, or His
Designee, Debatable for 10 Minutes
Page 44, line 2, before the closing quotation marks insert
the following: ``None of the funds authorized to be
appropriated under this paragraph may used to pay wages in
compliance with subchapter IV of chapter 31 of title 40, United
States Code.''.
----------
7. An Amendment To Be Offered by Representative Capito of West
Virginia, or Her Designee, Debatable for 10 Minutes
Page 10, strike lines 13 through 16.
Page 14, strike ``non-mandatory'' in lines 5 and 6 and all
that follows through line 14, and insert the following:
``components of the green building rating system, standard, or
code determined by the Secretary pursuant to subsection (l)(3);
and''.
Strike line 16 on page 14 and all that follows through page
15, line 5, and insert the following: ``construction, complies
with the components of the green building rating system,
standard, or code determined by the Secretary pursuant to
subsection (l)(3).''.
Page 32, line 13, strike ``Requirement''.
Strike line 14 on page 32 and all that follows through page
34, line 9.
Page 34, line 10, strike ``(2)'' and insert ``(1)''.
Page 34, line 13, strike ``proposed''.
Page 34, strike lines 15 through 18, and insert ``this
section is carried out in accordance with the terms included in
the approved plan pursuant to section (e)(2)(C)(xii)''.
Page 35, after line 5, insert the following:
``(2) Identification of green buildings rating
system, standard, or code.--
``(A) In general.--For purposes of this
section, the Secretary shall identify a rating
system, standard, or code for green buildings
that the Secretary determines to be a
comprehensive and environmentally-sound
approach to development of green buildings.
``(B) Criteria.--In identifying the green
building rating system, standard, or code under
this paragraph, the Secretary shall take into
consideration--
``(i) the impact of the cost of the
enhanced building quality rating
systems, standards, or codes on the
number of affordable housing units;
``(ii) the ability and availability
of assessors and auditors to
independently verify the criteria and
measurement of metrics at the scale
necessary to implement this subsection;
``(iii) the ability of the applicable
developer of the rating system,
standard, or code to collect and
reflect public comment;
``(iv) the ability of the rating
system, standard, or code to be
developed and revised through a
consensus-based process;
``(v) an evaluation of the robustness
of the criteria for a high-performance
green building, which shall give credit
for promoting--
``(I) efficient and
sustainable use of land, water,
energy, and other natural
resources;
``(II) use of renewable
energy sources;
``(III) improved indoor
environmental quality through
enhanced indoor air quality,
day lighting, pollutant source
control, and use of low-
emission materials and building
system controls; and
``(IV) such other criteria as
the Secretary determines to be
appropriate; and
``(vi) whether the rating system,
standard, or code is accredited by a
national standards developing
organization.
``(C) 5-year evaluation.--At least once every
five years, the Secretary shall conduct a study
to evaluate and compare available third-party
green building rating systems, standards, and
codes, taking into account the criteria
specified in subparagraph (B).''.
Page 35, lines 9 through 11, strike ``national Green
Communities criteria checklist and LEED rating systems'' and
insert ``green building rating system, standard, or code''.
Page 35, line 13, strike ``checklist and systems'' and insert
``system, standard, or code''.
Page 35, strike ``the national'' in line 20 and all that
follows through line 24, and insert the following: ``any rating
system, standard, or code that the Secretary has determined to
be appropriate pursuant to paragraph (3).''.