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# Legislative Bulletin..........................................\..........January 17, 2008

**Contents:**

> H.R. 3524---Amendments to the HOPE VI Improvement and Reauthorization
> Act

H.R. 3524, the HOPE VI Improvement and Reauthorization Act (sponsored by
Rep. Maxine Waters, D-CA), is scheduled to be considered on the House
floor on Thursday, January 17, 2008, subject to a structured rule
([**H.Res.
922**](http://thomas.loc.gov/cgi-bin/query/z?c110:H.Res.922:/)), making
in order the following seven amendments, each debatable for 10 minutes,
except where noted.

The rule waives all points of order against consideration of the bill,
except those regarding PAYGO and earmarks, waives all points of order
against the bill itself---except the PAYGO rule---and allows the Chair
to postpone consideration of the legislation at any time during its
consideration. The rule allows one motion to recommit with or without
instructions.

The rule would also lay on the table (i.e. prevent further legislative
action on) H.Res. 894, which was an unused rule for the consideration of
H.R. 3996, the Tax Increase Prevention Act that eventually was signed
into law as the "patch" for the Alternative Minimum Tax.

[Note]{.underline}: The summaries below are based on RSC staff review of
*actual amendment text* and thus often differ significantly from what's
on the Rules Committee website. For a summary of the underlying bill,
see a separate RSC document released yesterday.

**RSC Staff Contact**: Paul Teller; <paul.teller@mail.house.gov>;
202-226-9718

**AMENDMENTS MADE IN ORDER UNDER THE RULE**

***1. Waters (D-CA)/ Franks (D-MA)/ Watt (D-NC).*** [Manager's
Amendment]{.underline}. This amendment would:

-   Authorize "such sums" for FY2009-FY2015 for providing replacement
    vouchers for project-based rental assistance for complying with the
    one-for-one replacement requirement;

-   Require, as part of the one-for-one replacement provision, the
    replacement of all distressed units in existence as of January 1,
    2005, and provide a narrow waiver (down to 90% replacement) from the
    overall replacement requirement, but not the timing of such
    replacement (upon request and subject to approval based on
    extenuating circumstances detailed in the amendment);

-   Remove specific references to the "LEED" standard for
    non-residential "green" construction and instead direct the
    Secretary to use ratings systems that the Secretary determines to be
    the most likely to encourage a "comprehensive and
    environmentally-sound" approach to "green" buildings (based on
    certain criteria detailed in the amendment);

-   Direct the Secretary to study other entity's "green" building
    standards at least once every five years to see if they meet the
    criteria above and should instead be used for HOPE VI.

-   Exclude costs associated with green development compliance from
    HUD's Total Development Cost calculation for projects;

-   Set procedural requirements, mainly regarding public input and HUD
    approval, for making any significant amendments or changes to a
    revitalization plan;

-   Expand how relocation assistance may be provided;

-   Allow a relocation project to occur outside the PHA's jurisdiction,
    up to a 25-mile radius from the demolished project, if the goal is
    mixed income housing and the deconcentration of poor people;

-   Extend the timeline for rebuilding replacement housing units to 54
    months (up from 12 months in the underlying bill) from the date of
    execution of the grant agreement;

-   Provide that relocated household would only be subject to the rules
    for continued eligibility in the original dwelling and not to the
    rules for initial occupancy in the new dwelling;

-   Allow for a one-year extension of a PHA's HOPE VI benchmarks in the
    case of a presidentially declared natural disaster;

-   Increase the threshold for a "significant change" in a
    revitalization plan (thus requiring approval from HUD) from a change
    in 10% of the applicable grant funds (as in the underlying bill) to
    a change in 20% of such funds;

-   Prohibit the recapture from a PHA of any HOPE VI grant funds before
    October 1, 2009, if such PHA was a victim of Hurricane Katrina,
    Wilma, or Rita in 2005;

-   Clarify that no person illegally in the United States is eligible
    for HOPE VI assistance; and

-   Make a variety of clarifying and technical changes.

(20 minutes)

**2. Neugebauer (R-TX).** Applies the one-to-one replacement requirement
for units demolished under a HOPE VI grant [only]{.underline} to units
that are occupied prior to demolition.

***3. Mahoney (D-FL).*** Restores the set-aside for the Main Street
grant program under HOPE VI that otherwise would have been eliminated by
the underlying bill. The [Main Street Grant
program](http://www.hud.gov/offices/pih/programs/ph/hope6/grants/mainstreet/)
provides assistance under HOPE VI to smaller communities to develop
public housing in connection with a commercial revitalization effort.

**4. Sessions (R-TX).** Strikes the bill's prohibition on
demolition-only grants.

***5. Lee (D-CA).*** Provides that tenants of HOPE VI housing could not
be evicted based on the criminal activities of others in their household
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.

**6. King (R-IA).** Prohibits HOPE VI funds from being expended to pay
Davis-Bacon wages.

**7. Capito (R-WV).** Strikes most of the "green" building language in
the underlying bill, including the requirement to use the "LEED"
standards, and replaces it with a requirement that the HUD Secretary
identify a rating system, standard, or code for green buildings. This
system, standard, or code would have to meet certain housing-supply,
evaluation, and environmental criteria, as detailed in the amendment.
The Secretary would have to study other entity's "green" building
standards at least once every five years to see if they meet the
criteria and should instead be used under HOPE VI.

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