[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                    September 25 (legislative day, September 17), 2008.
    Resolved, That the bill from the House of Representatives (H.R. 
2786) entitled ``An Act to reauthorize the programs for housing 
assistance for Native Americans.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Housing Assistance and Self-Determination Reauthorization Act of 
2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Regulations.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Availability of records.
Sec. 206. Self-determined housing activities for tribal communities 
                            program.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Allocation formula.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

Sec. 401. Remedies for noncompliance.
Sec. 402. Monitoring of compliance.
Sec. 403. Performance reports.

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

Sec. 501. Effect on Home Investment Partnerships Act.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

Sec. 601. Demonstration program for guaranteed loans to finance tribal 
                            community and economic development 
                            activities.

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Limitation on use for Cherokee Nation.
Sec. 802. Limitation on use of funds.
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different 
                            sizes.

SEC. 2. CONGRESSIONAL FINDINGS.

    Section 2 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101) is amended in paragraphs (6) 
and (7) by striking ``should'' each place it appears and inserting 
``shall''.

SEC. 3. DEFINITIONS.

    Section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103) is amended--
            (1) by striking paragraph (22);
            (2) by redesignating paragraphs (8) through (21) as 
        paragraphs (9) through (22), respectively; and
            (3) by inserting after paragraph (7) the following:
            ``(8) Housing related community development.--
                    ``(A) In general.--The term `housing related 
                community development' means any facility, community 
                building, business, activity, or infrastructure that--
                            ``(i) is owned by an Indian tribe or a 
                        tribally designated housing entity;
                            ``(ii) is necessary to the provision of 
                        housing in an Indian area; and
                            ``(iii)(I) would help an Indian tribe or 
                        tribally designated housing entity to reduce 
                        the cost of construction of Indian housing;
                            ``(II) would make housing more affordable, 
                        accessible, or practicable in an Indian area; 
                        or
                            ``(III) would otherwise advance the 
                        purposes of this Act.
                    ``(B) Exclusion.--The term `housing and community 
                development' does not include any activity conducted by 
                any Indian tribe under the Indian Gaming Regulatory Act 
                (25 U.S.C. 2701 et seq.).''.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

SEC. 101. BLOCK GRANTS.

    Section 101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``For each'' and inserting 
                        the following:
            ``(1) In general.--For each'';
                            (ii) by striking ``tribes to carry out 
                        affordable housing activities.'' and inserting 
                        the following: ``tribes--
                    ``(A) to carry out affordable housing activities 
                under subtitle A of title II; and''; and
                            (iii) by adding at the end the following:
                    ``(B) to carry out self-determined housing 
                activities for tribal communities programs under 
                subtitle B of that title.''; and
                    (B) in the second sentence, by striking ``Under'' 
                and inserting the following:
            ``(2) Provision of amounts.--Under'';
            (2) in subsection (g), by inserting ``of this section and 
        subtitle B of title II'' after ``subsection (h)''; and
            (3) by adding at the end the following:
    ``(j) Federal Supply Sources.--For purposes of section 501 of title 
40, United States Code, on election by the applicable Indian tribe--
            ``(1) each Indian tribe or tribally designated housing 
        entity shall be considered to be an Executive agency in 
        carrying out any program, service, or other activity under this 
        Act; and
            ``(2) each Indian tribe or tribally designated housing 
        entity and each employee of the Indian tribe or tribally 
        designated housing entity shall have access to sources of 
        supply on the same basis as employees of an Executive agency.
    ``(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to any grant 
(or portion of a grant) made on behalf of an Indian tribe under this 
Act that is intended to benefit 1 Indian tribe, the tribal employment 
and contract preference laws (including regulations and tribal 
ordinances ) adopted by the Indian tribe that receives the benefit 
shall apply with respect to the administration of the grant (or portion 
of a grant).''.

SEC. 102. INDIAN HOUSING PLANS.

    Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``(1)(A) for'' and all that follows 
                through the end of subparagraph (A) and inserting the 
                following:
            ``(1)(A) for an Indian tribe to submit to the Secretary, by 
        not later than 75 days before the beginning of each tribal 
        program year, a 1-year housing plan for the Indian tribe; or''; 
        and
                    (B) in subparagraph (B), by striking ``subsection 
                (d)'' and inserting ``subsection (c)'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) 1-Year Plan Requirement.--
            ``(1) In general.--A housing plan of an Indian tribe under 
        this section shall--
                    ``(A) be in such form as the Secretary may 
                prescribe; and
                    ``(B) contain the information described in 
                paragraph (2).
            ``(2) Required information.--A housing plan shall include 
        the following information with respect to the tribal program 
        year for which assistance under this Act is made available:
                    ``(A) Description of planned activities.--A 
                statement of planned activities, including--
                            ``(i) the types of household to receive 
                        assistance;
                            ``(ii) the types and levels of assistance 
                        to be provided;
                            ``(iii) the number of units planned to be 
                        produced;
                            ``(iv)(I) a description of any housing to 
                        be demolished or disposed of;
                            ``(II) a timetable for the demolition or 
                        disposition; and
                            ``(III) any other information required by 
                        the Secretary with respect to the demolition or 
                        disposition;
                            ``(v) a description of the manner in which 
                        the recipient will protect and maintain the 
                        viability of housing owned and operated by the 
                        recipient that was developed under a contract 
                        between the Secretary and an Indian housing 
                        authority pursuant to the United States Housing 
                        Act of 1937 (42 U.S.C. 1437 et seq.); and
                            ``(vi) outcomes anticipated to be achieved 
                        by the recipient.
                    ``(B) Statement of needs.--A statement of the 
                housing needs of the low-income Indian families 
                residing in the jurisdiction of the Indian tribe, and 
                the means by which those needs will be addressed during 
                the applicable period, including--
                            ``(i) a description of the estimated 
                        housing needs and the need for assistance for 
                        the low-income Indian families in the 
                        jurisdiction, including a description of the 
                        manner in which the geographical distribution 
                        of assistance is consistent with the 
                        geographical needs and needs for various 
                        categories of housing assistance; and
                            ``(ii) a description of the estimated 
                        housing needs for all Indian families in the 
                        jurisdiction.
                    ``(C) Financial resources.--An operating budget for 
                the recipient, in such form as the Secretary may 
                prescribe, that includes--
                            ``(i) an identification and description of 
                        the financial resources reasonably available to 
                        the recipient to carry out the purposes of this 
                        Act, including an explanation of the manner in 
                        which amounts made available will leverage 
                        additional resources; and
                            ``(ii) the uses to which those resources 
                        will be committed, including eligible and 
                        required affordable housing activities under 
                        title II and administrative expenses.
                    ``(D) Certification of compliance.--Evidence of 
                compliance with the requirements of this Act, 
                including, as appropriate--
                            ``(i) a certification that, in carrying out 
                        this Act, the recipient will comply with the 
                        applicable provisions of title II of the Civil 
                        Rights Act of 1968 (25 U.S.C. 1301 et seq.) and 
                        other applicable Federal laws and regulations;
                            ``(ii) a certification that the recipient 
                        will maintain adequate insurance coverage for 
                        housing units that are owned and operated or 
                        assisted with grant amounts provided under this 
                        Act, in compliance with such requirements as 
                        the Secretary may establish;
                            ``(iii) a certification that policies are 
                        in effect and are available for review by the 
                        Secretary and the public governing the 
                        eligibility, admission, and occupancy of 
                        families for housing assisted with grant 
                        amounts provided under this Act;
                            ``(iv) a certification that policies are in 
                        effect and are available for review by the 
                        Secretary and the public governing rents and 
                        homebuyer payments charged, including the 
                        methods by which the rents or homebuyer 
                        payments are determined, for housing assisted 
                        with grant amounts provided under this Act;
                            ``(v) a certification that policies are in 
                        effect and are available for review by the 
                        Secretary and the public governing the 
                        management and maintenance of housing assisted 
                        with grant amounts provided under this Act; and
                            ``(vi) a certification that the recipient 
                        will comply with section 104(b).'';
            (3) by redesignating subsections (d) through (f) as 
        subsections (c) through (e), respectively; and
            (4) in subsection (d) (as redesignated by paragraph (3)), 
        by striking ``subsection (d)'' and inserting ``subsection 
        (c)''.

SEC. 103. REVIEW OF PLANS.

    Section 103 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4113) is amended--
            (1) in subsection (d)--
                    (A) in the first sentence--
                            (i) by striking ``fiscal'' each place it 
                        appears and inserting ``tribal program''; and
                            (ii) by striking ``(with respect to'' and 
                        all that follows through ``section 102(c))''; 
                        and
                    (B) by striking the second sentence; and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Self-Determined Activities Program.--Notwithstanding any 
other provision of this section, the Secretary--
            ``(1) shall review the information included in an Indian 
        housing plan pursuant to subsections (b)(4) and (c)(7) only to 
        determine whether the information is included for purposes of 
        compliance with the requirement under section 232(b)(2); and
            ``(2) may not approve or disapprove an Indian housing plan 
        based on the content of the particular benefits, activities, or 
        results included pursuant to subsections (b)(4) and (c)(7).''.

SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    Section 104(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114(a)) is amended by adding at 
the end the following:
            ``(4) Exclusion from program income of regular developer's 
        fees for low-income housing tax credit projects.--
        Notwithstanding any other provision of this Act, any income 
        derived from a regular and customary developer's fee for any 
        project that receives a low-income housing tax credit under 
        section 42 of the Internal Revenue Code of 1986, and that is 
        initially funded using a grant provided under this Act, shall 
        not be considered to be program income if the developer's fee 
        is approved by the State housing credit agency.''.

SEC. 105. REGULATIONS.

    Section 106(b)(2) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is amended--
            (1) in subparagraph (B)(i), by striking ``The Secretary'' 
        and inserting ``Not later than 180 days after the date of 
        enactment of the Native American Housing Assistance and Self-
        Determination Reauthorization Act of 2008 and any other Act to 
        reauthorize this Act, the Secretary''; and
            (2) by adding at the end the following:
                    ``(C) Subsequent negotiated rulemaking.--The 
                Secretary shall--
                            ``(i) initiate a negotiated rulemaking in 
                        accordance with this section by not later than 
                        90 days after the date of enactment of the 
                        Native American Housing Assistance and Self-
                        Determination Reauthorization Act of 2008 and 
                        any other Act to reauthorize this Act; and
                            ``(ii) promulgate regulations pursuant to 
                        this section by not later than 2 years after 
                        the date of enactment of the Native American 
                        Housing Assistance and Self-Determination 
                        Reauthorization Act of 2008 and any other Act 
                        to reauthorize this Act.
                    ``(D) Review.--Not less frequently than once every 
                7 years, the Secretary, in consultation with Indian 
                tribes, shall review the regulations promulgated 
                pursuant to this section in effect on the date on which 
                the review is conducted.''.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

    Section 201(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4131(b)) is amended--
            (1) in paragraph (1), by inserting ``and except with 
        respect to loan guarantees under the demonstration program 
        under title VI,'' after ``paragraphs (2) and (4),'';
            (2) in paragraph (2)--
                    (A) by striking the first sentence and inserting 
                the following:
                    ``(A) Exception to requirement.--Notwithstanding 
                paragraph (1), a recipient may provide housing or 
                housing assistance through affordable housing 
                activities for which a grant is provided under this Act 
                to any family that is not a low-income family, to the 
                extent that the Secretary approves the activities due 
                to a need for housing for those families that cannot 
                reasonably be met without that assistance.''; and
                    (B) in the second sentence, by striking ``The 
                Secretary'' and inserting the following:
                    ``(B) Limits.--The Secretary'';
            (3) in paragraph (3)--
                    (A) in the paragraph heading, by striking ``Non-
                indian'' and inserting ``Essential''; and
                    (B) by striking ``non-Indian family'' and inserting 
                ``family''; and
            (4) in paragraph (4)(A)(i), by inserting ``or other unit of 
        local government,'' after ``county,''.

SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

    Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended--
            (1) in the matter preceding paragraph (1), by striking ``to 
        develop or to support'' and inserting ``to develop, operate, 
        maintain, or support'';
            (2) in paragraph (2)--
                    (A) by striking ``development of utilities'' and 
                inserting ``development and rehabilitation of 
                utilities, necessary infrastructure,''; and
                    (B) by inserting ``mold remediation,'' after 
                ``energy efficiency,'';
            (3) in paragraph (4), by inserting ``the costs of operation 
        and maintenance of units developed with funds provided under 
        this Act,'' after ``rental assistance,''; and
            (4) by adding at the end the following:
            ``(9) Reserve accounts.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                deposit of amounts, including grant amounts under 
                section 101, in a reserve account established for an 
                Indian tribe only for the purpose of accumulating 
                amounts for administration and planning relating to 
                affordable housing activities under this section, in 
                accordance with the Indian housing plan of the Indian 
                tribe.
                    ``(B) Maximum amount.--A reserve account 
                established under subparagraph (A) shall consist of not 
                more than an amount equal to \1/4\ of the 5-year 
                average of the annual amount used by a recipient for 
                administration and planning under paragraph (2).''.

SEC. 203. PROGRAM REQUIREMENTS.

    Section 203 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133) is amended by adding at the 
end the following:
    ``(f) Use of Grant Amounts Over Extended Periods.--
            ``(1) In general.--To the extent that the Indian housing 
        plan for an Indian tribe provides for the use of amounts of a 
        grant under section 101 for a period of more than 1 fiscal 
        year, or for affordable housing activities for which the 
        amounts will be committed for use or expended during a 
        subsequent fiscal year, the Secretary shall not require those 
        amounts to be used or committed for use at any time earlier 
        than otherwise provided for in the Indian housing plan.
            ``(2) Carryover.--Any amount of a grant provided to an 
        Indian tribe under section 101 for a fiscal year that is not 
        used by the Indian tribe during that fiscal year may be used by 
        the Indian tribe during any subsequent fiscal year.
    ``(g) De Minimis Exemption for Procurement of Goods and Services.--
Notwithstanding any other provision of law, a recipient shall not be 
required to act in accordance with any otherwise applicable competitive 
procurement rule or procedure with respect to the procurement, using a 
grant provided under this Act, of goods and services the value of which 
is less than $5,000.''.

SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

    Section 205 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4135) is amended by adding at the 
end the following:
    ``(c) Applicability.--The provisions of paragraph (2) of subsection 
(a) regarding binding commitments for the remaining useful life of 
property shall not apply to a family or household member who 
subsequently takes ownership of a homeownership unit.''.

SEC. 205. AVAILABILITY OF RECORDS.

    Section 208(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4138(a)) is amended by inserting 
``applicants for employment, and of'' after ``records of''.

SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES 
              PROGRAM.

    (a) Establishment of Program.--Title II of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 
et seq.) is amended--
            (1) by inserting after the title designation and heading 
        the following:

              ``Subtitle A--General Block Grant Program'';

        and
            (2) by adding at the end the following:

``Subtitle B--Self-Determined Housing Activities for Tribal Communities

``SEC. 231. PURPOSE.

    ``The purpose of this subtitle is to establish a program for self-
determined housing activities for the tribal communities to provide 
Indian tribes with the flexibility to use a portion of the grant 
amounts under section 101 for the Indian tribe in manners that are 
wholly self-determined by the Indian tribe for housing activities 
involving construction, acquisition, rehabilitation, or infrastructure 
relating to housing activities or housing that will benefit the 
community served by the Indian tribe.

``SEC. 232. PROGRAM AUTHORITY.

    ``(a) Definition of Qualifying Indian Tribe.--In this section, the 
term `qualifying Indian tribe' means, with respect to a fiscal year, an 
Indian tribe or tribally designated housing entity--
            ``(1) to or on behalf of which a grant is made under 
        section 101;
            ``(2) that has complied with the requirements of section 
        102(b)(6); and
            ``(3) that, during the preceding 3-fiscal-year period, has 
        no unresolved significant and material audit findings or 
        exceptions, as demonstrated in--
                    ``(A) the annual audits of that period completed 
                under chapter 75 of title 31, United States Code 
                (commonly known as the `Single Audit Act'); or
                    ``(B) an independent financial audit prepared in 
                accordance with generally accepted auditing principles.
    ``(b) Authority.--Under the program under this subtitle, for each 
of fiscal years 2009 through 2013, the recipient for each qualifying 
Indian tribe may use the amounts specified in subsection (c) in 
accordance with this subtitle.
    ``(c) Amounts.--With respect to a fiscal year and a recipient, the 
amounts referred to in subsection (b) are amounts from any grant 
provided under section 101 to the recipient for the fiscal year, as 
determined by the recipient, but in no case exceeding the lesser of--
            ``(1) an amount equal to 20 percent of the total grant 
        amount for the recipient for that fiscal year; and
            ``(2) $2,000,000.

``SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.

    ``(a) Eligible Housing Activities.--Any amounts made available for 
use under this subtitle by a recipient for an Indian tribe shall be 
used only for housing activities, as selected at the discretion of the 
recipient and described in the Indian housing plan for the Indian tribe 
pursuant to section 102(b)(6), for the construction, acquisition, or 
rehabilitation of housing or infrastructure in accordance with section 
202 to provide a benefit to families described in section 201(b)(1).
    ``(b) Prohibition on Certain Activities.--Amounts made available 
for use under this subtitle may not be used for commercial or economic 
development.

``SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.

    ``(a) In General.--Except as otherwise specifically provided in 
this Act, title I, subtitle A of title II, and titles III through VIII 
shall not apply to--
            ``(1) the program under this subtitle; or
            ``(2) amounts made available in accordance with this 
        subtitle.
    ``(b) Applicable Provisions.--The following provisions of titles I 
through VIII shall apply to the program under this subtitle and amounts 
made available in accordance with this subtitle:
            ``(1) Section 101(c) (relating to local cooperation 
        agreements).
            ``(2) Subsections (d) and (e) of section 101 (relating to 
        tax exemption).
            ``(3) Section 101(j) (relating to Federal supply sources).
            ``(4) Section 101(k) (relating to tribal preference in 
        employment and contracting).
            ``(5) Section 102(b)(4) (relating to certification of 
        compliance).
            ``(6) Section 104 (relating to treatment of program income 
        and labor standards).
            ``(7) Section 105 (relating to environmental review).
            ``(8) Section 201(b) (relating to eligible families).
            ``(9) Section 203(c) (relating to insurance coverage).
            ``(10) Section 203(g) (relating to a de minimis exemption 
        for procurement of goods and services).
            ``(11) Section 206 (relating to treatment of funds).
            ``(12) Section 209 (relating to noncompliance with 
        affordable housing requirement).
            ``(13) Section 401 (relating to remedies for 
        noncompliance).
            ``(14) Section 408 (relating to public availability of 
        information).
            ``(15) Section 702 (relating to 50-year leasehold interests 
        in trust or restricted lands for housing purposes).

``SEC. 235. REVIEW AND REPORT.

    ``(a) Review.--During calendar year 2011, the Secretary shall 
conduct a review of the results achieved by the program under this 
subtitle to determine--
            ``(1) the housing constructed, acquired, or rehabilitated 
        under the program;
            ``(2) the effects of the housing described in paragraph (1) 
        on costs to low-income families of affordable housing;
            ``(3) the effectiveness of each recipient in achieving the 
        results intended to be achieved, as described in the Indian 
        housing plan for the Indian tribe; and
            ``(4) the need for, and effectiveness of, extending the 
        duration of the program and increasing the amount of grants 
        under section 101 that may be used under the program.
    ``(b) Report.--Not later than December 31, 2011, the Secretary 
shall submit to Congress a report describing the information obtained 
pursuant to the review under subsection (a) (including any conclusions 
and recommendations of the Secretary with respect to the program under 
this subtitle), including--
            ``(1) recommendations regarding extension of the program 
        for subsequent fiscal years and increasing the amounts under 
        section 232(c) that may be used under the program; and
            ``(2) recommendations for--
                    ``(A)(i) specific Indian tribes or recipients that 
                should be prohibited from participating in the program 
                for failure to achieve results; and
                    ``(ii) the period for which such a prohibition 
                should remain in effect; or
                    ``(B) standards and procedures by which Indian 
                tribes or recipients may be prohibited from 
                participating in the program for failure to achieve 
                results.
    ``(c) Provision of Information to Secretary.--Notwithstanding any 
other provision of this Act, recipients participating in the program 
under this subtitle shall provide such information to the Secretary as 
the Secretary may request, in sufficient detail and in a timely manner 
sufficient to ensure that the review and report required by this 
section is accomplished in a timely manner.''.
    (b) Technical Amendment.--The table of contents in section 1(b) of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4101 note) is amended--
            (1) by inserting after the item for title II the following:

              ``Subtitle A--General Block Grant Program'';

            (2) by inserting after the item for section 205 the 
        following:

``Sec. 206. Treatment of funds.'';
        and
            (3) by inserting before the item for title III the 
        following:

``Subtitle B--Self-Determined Housing Activities for Tribal Communities

``Sec. 231. Purposes.
``Sec. 232. Program authority.
``Sec. 233. Use of amounts for housing activities.
``Sec. 234. Inapplicability of other provisions.
``Sec. 235. Review and report.''.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

SEC. 301. ALLOCATION FORMULA.

    Section 302 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4152) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Study of need data.--
                    ``(A) In general.--The Secretary shall enter into a 
                contract with an organization with expertise in housing 
                and other demographic data collection methodologies 
                under which the organization, in consultation with 
                Indian tribes and Indian organizations, shall--
                            ``(i) assess existing data sources, 
                        including alternatives to the decennial census, 
                        for use in evaluating the factors for 
                        determination of need described in subsection 
                        (b); and
                            ``(ii) develop and recommend methodologies 
                        for collecting data on any of those factors, 
                        including formula area, in any case in which 
                        existing data is determined to be insufficient 
                        or inadequate, or fails to satisfy the 
                        requirements of this Act.
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this section, to remain 
                available until expended.''; and
            (2) in subsection (b), by striking paragraph (1) and 
        inserting the following:
            ``(1)(A) The number of low-income housing dwelling units 
        developed under the United States Housing Act of 1937 (42 
        U.S.C. 1437 et seq.), pursuant to a contract between an Indian 
        housing authority for the tribe and the Secretary, that are 
        owned or operated by a recipient on the October 1 of the 
        calendar year immediately preceding the year for which funds 
        are provided, subject to the condition that such a unit shall 
        not be considered to be a low-income housing dwelling unit for 
        purposes of this section if--
                    ``(i) the recipient ceases to possess the legal 
                right to own, operate, or maintain the unit; or
                    ``(ii) the unit is lost to the recipient by 
                conveyance, demolition, or other means.
            ``(B) If the unit is a homeownership unit not conveyed 
        within 25 years from the date of full availability, the 
        recipient shall not be considered to have lost the legal right 
        to own, operate, or maintain the unit if the unit has not been 
        conveyed to the homebuyer for reasons beyond the control of the 
        recipient.
            ``(C) If the unit is demolished and the recipient rebuilds 
        the unit within 1 year of demolition of the unit, the unit may 
        continue to be considered a low-income housing dwelling unit 
        for the purpose of this paragraph.
            ``(D) In this paragraph, the term `reasons beyond the 
        control of the recipient' means, after making reasonable 
        efforts, there remain--
                    ``(i) delays in obtaining or the absence of title 
                status reports;
                    ``(ii) incorrect or inadequate legal descriptions 
                or other legal documentation necessary for conveyance;
                    ``(iii) clouds on title due to probate or intestacy 
                or other court proceedings; or
                    ``(iv) any other legal impediment.
            ``(E) Subparagraphs (A) through (D) shall not apply to any 
        claim arising from a formula current assisted stock calculation 
        or count involving an Indian housing block grant allocation for 
        any fiscal year through fiscal year 2008, if a civil action 
        relating to the claim is filed by not later than 45 days after 
        the date of enactment of this subparagraph.''.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

SEC. 401. REMEDIES FOR NONCOMPLIANCE.

    Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Substantial noncompliance.--The failure of a 
        recipient to comply with the requirements of section 302(b)(1) 
        regarding the reporting of low-income dwelling units shall not, 
        in itself, be considered to be substantial noncompliance for 
        purposes of this title.''.

SEC. 402. MONITORING OF COMPLIANCE.

    Section 403(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4163(b)) is amended in the second 
sentence by inserting ``an appropriate level of'' after ``shall 
include''.

SEC. 403. PERFORMANCE REPORTS.

    Section 404(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4164(b)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``goals'' and inserting ``planned 
                activities''; and
                    (B) by adding ``and'' after the semicolon at the 
                end;
            (2) in paragraph (3), by striking ``; and'' at the end and 
        inserting a period; and
            (3) by striking paragraph (4).

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

    (a) In General.--Title V of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4181 et seq.) is amended 
by adding at the end the following:

``SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

    ``Nothing in this Act or an amendment made by this Act prohibits or 
prevents any participating jurisdiction (within the meaning of the HOME 
Investment Partnerships Act (42 U.S.C. 12721 et seq.)) from providing 
any amounts made available to the participating jurisdiction under that 
Act (42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally 
designated housing entity for use in accordance with that Act (42 
U.S.C. 12721 et seq.).''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4101 note) is amended by inserting after the item 
relating to section 508 the following:

``Sec. 509. Effect on HOME Investment Partnerships Act.''.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL 
              COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.

    (a) In General.--Title VI of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) is amended 
by adding at the end the following:

``SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE 
              TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.

    ``(a) Authority.--
            ``(1) In general.--Subject to paragraph (2), to the extent 
        and in such amounts as are provided in appropriation Acts, 
        subject to the requirements of this section, and in accordance 
        with such terms and conditions as the Secretary may prescribe, 
        the Secretary may guarantee and make commitments to guarantee 
        the notes and obligations issued by Indian tribes or tribally 
        designated housing entities with tribal approval, for the 
        purposes of financing activities carried out on Indian 
        reservations and in other Indian areas that, under the first 
        sentence of section 108(a) of the Housing and Community 
        Development Act of 1974 (42 U.S.C. 5308), are eligible for 
        financing with notes and other obligations guaranteed pursuant 
        to that section.
            ``(2) Limitation.--The Secretary may guarantee, or make 
        commitments to guarantee, under paragraph (1) the notes or 
        obligations of not more than 4 Indian tribes or tribally 
        designated housing entities located in each Department of 
        Housing and Urban Development Office of Native American 
        Programs region.
    ``(b) Low-Income Benefit Requirement.--Not less than 70 percent of 
the aggregate amount received by an Indian tribe or tribally designated 
housing entity as a result of a guarantee under this section shall be 
used for the support of activities that benefit low-income families on 
Indian reservations and other Indian areas.
    ``(c) Financial Soundness.--
            ``(1) In general.--The Secretary shall establish 
        underwriting criteria for guarantees under this section, 
        including fees for the guarantees, as the Secretary determines 
        to be necessary to ensure that the program under this section 
        is financially sound.
            ``(2) Amounts of fees.--Fees for guarantees established 
        under paragraph (1) shall be established in amounts that are 
        sufficient, but do not exceed the minimum amounts necessary, to 
        maintain a negative credit subsidy for the program under this 
        section, as determined based on the risk to the Federal 
        Government under the underwriting requirements established 
        under paragraph (1).
    ``(d) Terms of Obligations.--
            ``(1) In general.--Each note or other obligation guaranteed 
        pursuant to this section shall be in such form and 
        denomination, have such maturity, and be subject to such 
        conditions as the Secretary may prescribe, by regulation.
            ``(2) Limitation.--The Secretary may not deny a guarantee 
        under this section on the basis of the proposed repayment 
        period for the note or other obligation, unless--
                    ``(A) the period is more than 20 years; or
                    ``(B) the Secretary determines that the period 
                would cause the guarantee to constitute an unacceptable 
                financial risk.
    ``(e) Limitation on Percentage.--A guarantee made under this 
section shall guarantee repayment of 95 percent of the unpaid principal 
and interest due on the note or other obligation guaranteed.
    ``(f) Security and Repayment.--
            ``(1) Requirements on issuer.--To ensure the repayment of 
        notes and other obligations and charges incurred under this 
        section and as a condition for receiving the guarantees, the 
        Secretary shall require the Indian tribe or housing entity 
        issuing the notes or obligations--
                    ``(A) to enter into a contract, in a form 
                acceptable to the Secretary, for repayment of notes or 
                other obligations guaranteed under this section;
                    ``(B) to demonstrate that the extent of each 
                issuance and guarantee under this section is within the 
                financial capacity of the Indian tribe; and
                    ``(C) to furnish, at the discretion of the 
                Secretary, such security as the Secretary determines to 
                be appropriate in making the guarantees, including 
                increments in local tax receipts generated by the 
                activities assisted by a guarantee under this section 
                or disposition proceeds from the sale of land or 
                rehabilitated property, except that the security may 
                not include any grant amounts received or for which the 
                issuer may be eligible under title I.
            ``(2) Full faith and credit.--
                    ``(A) In general.--The full faith and credit of the 
                United States is pledged to the payment of all 
                guarantees made under this section.
                    ``(B) Treatment of guarantees.--
                            ``(i) In general.--Any guarantee made by 
                        the Secretary under this section shall be 
                        conclusive evidence of the eligibility of the 
                        obligations for the guarantee with respect to 
                        principal and interest.
                            ``(ii) Incontestable nature.--The validity 
                        of any such a guarantee shall be incontestable 
                        in the hands of a holder of the guaranteed 
                        obligations.
    ``(g) Training and Information.--The Secretary, in cooperation with 
Indian tribes and tribally designated housing entities, may carry out 
training and information activities with respect to the guarantee 
program under this section.
    ``(h) Limitations on Amount of Guarantees.--
            ``(1) Aggregate fiscal year limitation.--Notwithstanding 
        any other provision of law, subject only to the absence of 
        qualified applicants or proposed activities and to the 
        authority provided in this section, and to the extent approved 
        or provided for in appropriations Acts, the Secretary may enter 
        into commitments to guarantee notes and obligations under this 
        section with an aggregate principal amount not to exceed 
        $200,000,000 for each of fiscal years 2009 through 2013.
            ``(2) Authorization of appropriations for credit subsidy.--
        There are authorized to be appropriated to cover the costs (as 
        defined in section 502 of the Congressional Budget Act of 1974 
        (2 U.S.C. 661a)) of guarantees under this section $1,000,000 
        for each of fiscal years 2009 through 2013.
            ``(3) Aggregate outstanding limitation.--The total amount 
        of outstanding obligations guaranteed on a cumulative basis by 
        the Secretary pursuant to this section shall not at any time 
        exceed $1,000,000,000 or such higher amount as may be 
        authorized to be appropriated for this section for any fiscal 
        year.
            ``(4) Fiscal year limitations on indian tribes.--
                    ``(A) In general.--The Secretary shall monitor the 
                use of guarantees under this section by Indian tribes.
                    ``(B) Modifications.--If the Secretary determines 
                that 50 percent of the aggregate guarantee authority 
                under paragraph (3) has been committed, the Secretary 
                may--
                            ``(i) impose limitations on the amount of 
                        guarantees pursuant to this section that any 
                        single Indian tribe may receive in any fiscal 
                        year of $25,000,000; or
                            ``(ii) request the enactment of legislation 
                        increasing the aggregate outstanding limitation 
                        on guarantees under this section.
    ``(i) Report.--Not later than 4 years after the date of enactment 
of this section, the Secretary shall submit to Congress a report 
describing the use of the authority under this section by Indian tribes 
and tribally designated housing entities, including--
            ``(1) an identification of the extent of the use and the 
        types of projects and activities financed using that authority; 
        and
            ``(2) an analysis of the effectiveness of the use in 
        carrying out the purposes of this section.
    ``(j) Termination.--The authority of the Secretary under this 
section to make new guarantees for notes and obligations shall 
terminate on October 1, 2013.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4101 note) is amended by inserting after the item 
relating to section 605 the following:

``Sec. 606. Demonstration program for guaranteed loans to finance 
                            tribal community and economic development 
                            activities.''.

                           TITLE VII--FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    (a) Block Grants and Grant Requirements.--Section 108 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4117) is amended in the first sentence by striking ``1998 
through 2007'' and inserting ``2009 through 2013''.
    (b) Federal Guarantees for Financing for Tribal Housing 
Activities.--Section 605 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4195) is amended in 
subsections (a) and (b) by striking ``1997 through 2007'' each place it 
appears and inserting ``2009 through 2013''.
    (c) Training and Technical Assistance.--Section 703 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4212) is amended by striking ``1997 through 2007'' and inserting 
``2009 through 2013''.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION.

    No funds authorized under this Act, or the amendments made by this 
Act, or appropriated pursuant to an authorization under this Act or 
such amendments, shall be expended for the benefit of the Cherokee 
Nation; provided, that this limitation shall not be effective if the 
Temporary Order and Temporary Injunction issued on May 14, 2007, by the 
District Court of the Cherokee Nation remains in effect during the 
pendency of litigation or there is a settlement agreement which effects 
the end of litigation among the adverse parties.

SEC. 802. LIMITATION ON USE OF FUNDS.

    No amounts made available pursuant to any authorization of 
appropriations under this Act, or under the amendments made by this 
Act, may be used to employ workers described in section 274A(h)(3)) of 
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF DIFFERENT 
              SIZES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the effectiveness of the Native American Housing 
Assistance and Self-Determination Act of 1996 in achieving its purposes 
of meeting the needs for affordable housing for low-income Indian 
families, as compared to the programs for housing and community 
development assistance for Indian tribes and families and Indian 
housing authorities that were terminated under title V of such Act and 
the amendments made by such title. The study shall compare such 
effectiveness with respect to Indian tribes of various sizes and types, 
and specifically with respect to smaller tribes for which grants of 
lesser or minimum amounts have been made under title I of such Act.
    (b) Report.--Not later than the expiration of the 12-month period 
beginning on the date of the enactment of this Act, the Comptroller 
General shall submit a report to the Committee on Financial Services of 
the House of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate regarding the results and conclusions of 
the study conducted pursuant to subsection (a). Such report shall 
include recommendations regarding any changes appropriate to the Native 
American Housing Assistance and Self-Determination Act of 1996 to help 
ensure that the purposes of such Act are achieved by all Indian tribes, 
regardless of size or type.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H.R. 2786

_______________________________________________________________________

                               AMENDMENT