[House Report 110-621]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-621
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5818) TO AUTHORIZE THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO MAKE LOANS TO STATES TO
ACQUIRE FORECLOSED HOUSING AND TO MAKE GRANTS TO STATES FOR RELATED
COSTS
_______
May 6, 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. 1174]
The Committee on Rules, having had under consideration
House Resolution 1174, by a record vote of 9-4, 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. 5818, the
Neighborhood Stabilization Act of 2008, 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 further provides that after a
motion that the Committee rise has been rejected on a
legislative day, the Chair may entertain another such motion on
that day only if offered by the chairman of the Committee on
Financial Services or the Majority Leader or a designee and
provides that after a motion to strike out the enacting words
of the bill (as described in clause 9 of rule XVIII) has been
rejected, the Chair may not entertain another such motion
during further consideration of the bill. 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.
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.
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. 474
Date: May 6, 2008.
Measure: H.R. 5818.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 475
Date: May 6, 2008.
Measure: H.R. 5818.
Motion by: Mr. Dreier.
Summary of motion: To strike section 2 of the rule.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 476
Date: May 6, 2008.
Measure: H.R. 5818.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Hensarling (TX), #11, which
would require that states provide a dollar-for-dollar match for
all funds that they receive under the bill in the form of
grants.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 477
Date: May 6, 2008.
Measure: H.R. 5818.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Price, Tom (GA), #5, which
requires offsets for all new spending.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 478
Date: May 6, 2008.
Measure: H.R. 5818.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Flake (AZ), #8, which would
prohibit loan and grant programs created by this act from being
used for congressional earmarks.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 479
Date: May 6, 2008.
Measure: H.R. 5818.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Brown-Waite (FL), #16, which
prohibits the use of funds for the purchase of property owned
by individuals not lawfully present in the United States. It
also prohibits any foreclosed housing or dwelling unit
purchased with funds under this bill from being used by
individuals not lawfully present in the United States. The
amendment further clarifies that acceptable forms of
identification only include a Social Security card with a photo
ID, Real ID Act identification, a US passport, or USCIS photo
ID Card.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 480
Date: May 6, 2008.
Measure: H.R. 5818.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 9-4.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings
(WA)--Nay; Sessions--Nay; Slaughter--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Waters (CA)/Frank (MA): The amendment provides for
direct allocations to qualified metropolitan cities and
qualified urban counties, makes the definition of operating
expenses consistent with other HUD programs, and caps purchase
price under the loan program at the current appraised value of
the foreclosed property. (10 minutes)
2. Capito (WV): The amendment directs the funds to be
administered through the Office of Community Planning and
Development of the Department of Housing and Urban Development
rather than directing the Secretary to create a new program
within the Department. (10 minutes)
3. Mahoney (FL): The amendment clarifies that nothing in
this Act shall affect the right to bear arms under the Second
Amendment to the Constitution of the United States. (10
minutes)
4. Hensarling (TX): The amendment would strike all
references in the bill to providing grants to states, but leave
the underlying loan program intact. Money from the grant
portion of the bill ($7.5 billion) would be re-directed to the
loan portion (for a total of $15 billion in loans). (10
minutes)
5. Kucinich (OH): The amendment modifies the purposes of
the legislation to emphasize the increasing rates of vacant and
abandoned properties, and changes the state-to-local
jurisdiction funding formula to ensure that up-to-date vacancy
statistics are used to allocate the funds. (10 minutes)
6. McCotter (MI): The amendment directs States using
federal loans and grants for housing rehabilitation to give
priority to veterans, members of the Armed Forces on active
duty, members of the National Guard or Armed Forces reserves,
school teachers, and emergency responders when reselling the
rehabilitated property. (10 minutes)
7. Altmire (PA): The amendment clarifies that illegal
immigrants shall be ineligible for financial assistance under
the bill. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Waters of California,
or Her Designee, Debatable for 10 Minutes
Page 3, line 10, after ``STATES'' insert ``, METROPOLITAN
CITIES, AND URBAN COUNTIES''.
Page 3, line 13, after ``States'' insert ``and under
subsections (f) and (g) of section 5 to qualified metropolitan
cities and qualified urban counties, respectively,''.
Page 3, line 15, after ``States'' insert ``, qualified
metropolitan cities, and qualified urban counties''.
Page 3, line 19, after ``State'' insert ``, metropolitan
city, or urban county''.
Page 3, line 20, after ``State'' insert ``, metropolitan
city, or urban county''.
Strike ``A State'' in line 23 on page 3 and all that follows
through page 4, line 2.
Page 12, line 16, strike ``, such State'' and insert ``the
Secretary''.
Page 13, line 4, strike ``A State may'' and insert ``The
Secretary shall''.
Page 13, line 23, strike ``A State may'' and insert ``The
Secretary shall''.
Page 14, line 4, strike ``a State'' and insert ``the
Secretary''.
Page 16, lines 18 and 19, strike ``or, upon its election''.
Page 16, line 19, strike ``or'' and insert ``, and a''.
Page 19, line 24, strike ``costs of'' and insert ``expenses
incurred operating housing assisted under this Act with respect
to the administration, maintenance, repair, security,
utilities, fuel, furnishings, equipment,''.
Strike line 23 on page 32 and all that follows through page
33, line 2, and insert the following:
(i) in the case of single family
housing, that does not exceed the
lesser of--
(I) 110 percent of the
average purchase price for
single family housing in the
area in which the housing is
located, as determined by the
Secretary; or
(II) the current appraised
value of the property;
except that in the case of any such
housing that has an appraised value
that is less than 110 percent of the
average purchase price for single
family housing in the area in which the
housing is located, an allocation
recipient may appeal such appraisal to
the Secretary and the Secretary may
determine that the average purchase
price shall operate as the cap on the
purchase price; and
----------
2. An Amendment To Be Offered by Representative Capito of West
Virginia, or Her Designee, Debatable for 10 Minutes
Page 3, line 16, after the period insert the following:
``The program under this Act shall be administered through the
Office of Community Planning and Development of the Department
of Housing and Urban Development or any successor office
responsible for administering the community development block
grant program under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.).''.
----------
3. An Amendment To Be Offered by Representative Mahoney of Florida, or
His Designee, Debatable for 10 Minutes
Page 36, after line 2, insert the following:
SEC. 15. PROTECTION OF RIGHT TO BEAR ARMS.
Nothing in this Act shall affect the right to bear arms under
the Second Amendment to the Constitution of the United States.
Page 36, line 3, strike ``15'' and insert ``16''.
----------
4. An Amendment To Be Offered by Representative Hensarling of Texas, or
His Designee, Debatable for 10 Minutes
Page 2, line 10, strike ``and grant''.
Page 3, line 1, strike ``and grants''.
Page 3, line 10, strike ``AND GRANTS''.
Page 3, line 13, strike ``make grants under section 5(a) to
qualified States and''.
Page 3, lines 18 and 19, strike ``make a grant under this Act
only to a State, and may''.
Page 4, line 25, strike ``grant and''.
Page 5, line 3, strike ``grant and''.
Page 5, line 7, strike ``grant or''.
Page 6, line 8, strike ``grant and''.
Page 6, lines 21 and 22, strike ``grant amounts, and for''.
Page 7, line 1, strike ``grant or''.
Strike line 22 on page 8 and all that follows through page 9,
line 2.
Page 9, line 9, strike ``Grant Amounts and''.
Page 9, line 11, strike ``grant amount or''.
Page 9, lines 12 and 13, strike ``foreclosure grant share''.
Page 9, line 13, strike ``or''.
Page 9, lines 13 and 14, strike ``, respectively,''.
Page 9, line 20, strike ``grant amount or''.
Page 9, line 22, strike ``foreclosure grant share or''.
Page 9, line 23, strike ``, respectively,'' and ``the grant
amount or''.
Page 9, line 25, strike ``foreclosure grant share or''.
Page 10, line 1, strike ``, respectively,''.
Page 10, line 2, strike ``grant amounts or''.
Page 10, line 6, strike ``grant amounts or''.
Page 10, line 9, strike ``grant amount or''.
Page 10, line 11, strike ``grant amount or''.
Page 10, line 13, strike ``foreclosure grant share or''.
Page 10, line 14, strike ``, respectively''.
Page 10, line 16, strike ``grant or''.
Page 10, line 18, strike ``or grants''.
Strike line 23 on page 10 and all that follows through page
11, line 10.
Page 12, line 3, strike ``grant and''.
Page 12, strike lines 5 through 7.
Page 12, line 14, strike ``grant amounts and''.
Page 12, lines 17 and 18, strike ``such grant amounts and''.
Page 12, line 19, strike ``grant amounts and''.
Page 12, line 20, strike ``, respectively,''.
Page 13, line 8, strike ``grant amounts and''.
Page 13, lines 11 and 12, strike ``grant amounts and''.
Page 13, line 13, strike ``grant amounts and''.
Page 13, line 14, strike ``, respectively,''.
Page 14, lines 1 and 2, strike ``grant and''.
Page 14, line 5, strike ``grant and''.
Page 14, line 8, strike ``grant and''.
Page 14, line 12, strike ``grant amounts and''.
Page 14, line 17, strike ``grant amounts and''.
Page 17, strike lines 21 through 25.
Strike line 18 on page 19 and all that follows through page
21, line 24.
Page 22, line 2, strike ``grant or''.
Strike line 12 on page 22 and all that follows through page
24, line 4.
Page 24, line 6, strike ``grant or''.
Page 24, lines 7 and 8, strike ``grant and''.
Page 24, line 23, strike ``or grant''.
Page 24, line 25, strike ``or grant''.
Page 27, line 13, strike ``grant or''.
Page 27, line 19, strike ``or grant''.
Page 28, lines 12 and 13, strike ``receives a grant under
this Act or''.
Page 28, lines 15 and 16, strike ``obligation of such grant
amounts and''.
Page 28, line 20, strike ``obligate all such grant amounts
and''.
Page 28, lines 24 and 25, strike ``outlay all such grant
amounts and''.
Page 30, line 3, strike ``a grant or'' and insert ``an''.
Page 30, line 13, strike ``grant or''.
Page 30, lines 14 and 15, strike ``grant or''.
Page 30, line 19, strike ``grant or''.
Page 35, strike lines 8 through 10.
Page 35, line 21, strike ``$7,500,000,000'' and insert
``$15,000,000,000''.
----------
5. An Amendment To Be Offered by Representative Kucinich of Ohio, or
His Designee, Debatable for 10 Minutes
Page 2, line 13, strike ``purchase and rehabilitate'' and
insert ``preserve the equity and ensure the safety of the
neighbors of homes made vacant by the predatory lending and
foreclosure crises, to prevent and reduce the incidence of such
vacancies through various means, including purchasing and
rehabilitating''.
Page 3, line 3, before the semicolon insert ``, and largest
increases in the rate of vacant and abandoned single family
homes''.
Page 4, line 17, strike ``foreclosures'' and insert
``vacancies, according to the number of census tracts, as
determined by the Secretary, to have large increases in the
rate of vacancy during the past eight quarters and significant
levels of loans determined to be at risk of foreclosure,''.
----------
6. An Amendment To Be Offered by Representative McCotter of Michigan,
or His Designee, Debatable for 10 Minutes
Page 6, after line 2, insert the following:
(8) notwithstanding any other preferences established
or authorized under this subsection, provide first
priority, in use of amounts from grants or loans under
this Act for rehabilitating housing, for providing
housing for veterans, members of the Armed Forces on
active duty, members of the National Guard or Armed
Forces reserves, school teachers, and emergency
responders;
Page 6, line 3, strike ``(8)'' and insert ``(9)''.
Page 6, line 8, strike ``(9)'' and insert ``(10)''.
Page 6, line 13, strike ``(10)'' and insert ``(11)''.
Page 6, line 21, strike ``(11)'' and insert ``(12)''.
Page 7, line 1, strike ``(12)'' and insert ``(13)''.
----------
7. An Amendment To Be Offered by Representative Altmire of
Pennsylvania, or His Designee, Debatable for 10 Minutes
Page 36, after line 2, insert the following new section:
SEC. 15. INELIGIBLITY OF ILLEGAL ALIENS FOR ASSISTANCE.
Aliens 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.
Page 36, line 3, strike ``15'' and insert ``16''.