H.R. 2895 – National Affordable Housing Trust Fund Act of 2007

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Financial Services.

3. Waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI.

4. 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.

5. 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).

6. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI.

9. Provides one motion to recommit with or without instructions.

10. 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.

—————

RESOLUTION

            Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2895) to establish the National Affordable Housing Trust Fund in the Treasury of the United States to provide for the construction, rehabilitation, and preservation of decent, safe, and affordable housing for low-income families. The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Financial Services.  After general debate the bill shall be considered for amendment under the five-minute rule.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

            Sec. 2.  During consideration in the House of H.R. 2895 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE ORDER

1. Frank (MA): This amendment would establish a state minimum allocation percentage, under which every state will receive at least one half of one percent (.5%) of the total funds available each year that are allocated to states, Indian Tribes, and insular areas. Allocations to all other states would be reduced pro rata to bring these states up to this .5% minimum. The amendment would also provide that the local jurisdiction in each state that is slated to receive the largest amount by formula in such state would be entitled to receive such funds directly [notwithstanding the bill’s provision that jurisdictions entitled to less than $750,000 by formula shall have their funds reverted to their state in any year that nationwide funding is less than $2 billion]. The amendment includes a technical clarification to ensure that the mixed income limitation capping the number of units initially rented to extremely low income families at 50% applies to all of the units in a project [not just those units assisted by trust fund dollars]. The amendment would provide that the exception to the mixed income rule applies to all “elderly only” projects, not just those projects of 25 or fewer units. Finally, the amendment would provide that nothing in the bill allows any payments under the bill for any individual or head of household that is not a legal resident. (10 minutes)

2. Frank (MA): This amendment would add additional flexibility to permitted fund uses, by allowing a grantee to use up to 10% of their funds for project operating accounts to cover shortfalls for projects assisted with trust fund dollars, to facilitate affordability for families below the SSI income limit. (10 minutes)

3. Hastings (FL): This amendment would amend the Affordable Housing Trust Fund homeownership counseling criteria to include flood or other disaster specific insurance in applicable regions. (10 minutes)

4. Inslee (WA): This amendment would include among the factors for consideration in selecting applicants to receive Trust Fund grant amounts, a consideration of the extent to which the design, construction, and operation of the housing reduces utility costs for residents. (10 minutes)

5. Woolsey (CA): This amendment would allow grantees to give preference to public employees, including first responders and teachers, who cannot afford to live in high-cost areas.  These workers would have to meet the income eligibility requirements stated in the text of H.R. 2895. (10 minutes)

6. Langevin (RI): This amendment would direct the Secretary of Housing and Urban Development to establish an internet-based "Green Housing Clearinghouse" including best practices, technical recommendations and other informational material regarding green building techniques.  Additionally, grantees would be required to self-certify how many of the total units they built with money from the national affordable housing trust fund were green. (10 minutes)

7. Van Hollen (MD): This amendment would provide that, for the purpose of increasing accountability, previous grant recipients applying for new grants must include in their applications progress reports for projects for which they used funds in the previous fiscal year. (10 minutes)

8. Neugebauer (TX): Amendment in the Nature of a Substitute. This substitute amendment would establish a National Affordable Housing Grant Fund program within the HOME program, which is currently administered through the U.S. Department of Housing and Urban Development. (20 minutes)