[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2786

     To reauthorize the programs for housing assistance for Native 
                               Americans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 2007

Mr. Kildee (for himself, Mr. Pearce, Ms. Waters, Mr. Boren, Mr. Renzi, 
 Mr. Cole of Oklahoma, and Mr. Frank of Massachusetts) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
     To reauthorize the programs for housing assistance for Native 
                               Americans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Native American 
Housing Assistance and Self-Determination Reauthorization Act of 
2007''.
    (b) References.--Except as otherwise expressly provided in this 
Act, wherever in this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.).

SEC. 2. BLOCK GRANTS.

    (a) Authorization of Appropriations.--Section 108 (25 U.S.C. 4117) 
is amended by striking ``fiscal years 1998 through 2007'' and inserting 
``fiscal years 2008 through 2012''.
    (b) Block Grants Requirements.--Section 101 (25 U.S.C. 4111) is 
amended by adding at the end the following new subsections:
    ``(j) Federal Supply Sources.--For purposes of section 501 of title 
40, United States Code (relating to services for executive agencies), 
an Indian tribe or tribally designated housing entity shall be 
considered to be an executive agency when carrying out housing 
programs, services, functions and activities under the tribe or 
tribally designated housing entity, and its employees shall be eligible 
to have access to such 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 
made under this Act on behalf of an Indian tribe that is intended to 
benefit one tribe, the tribal employment or contract preference laws 
adopted by such tribe shall govern with respect to the administration 
of the grant or portion of the grant.''.
    (c) Indian Housing Plans.--Subparagraph (A) of section 102(c)(3) 
(25 U.S.C. 4112(c)(3)(A)) is amended by inserting before the semicolon 
the following: ``and a description of any amounts made available 
pursuant to a grant under section 101 for the Indian tribe for any 
preceding fiscal year which have not been, or are not expected to be, 
obligated or expended before the beginning of the fiscal year for which 
the plan is submitted, including any amounts in any reserve account 
established pursuant to section 202(9)''.
    (d) Program Income.--Subsection (a) of section 104 (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 the Act, any income 
        derived from a regular and customary developer's fee for any 
        project assisted with a low-income housing tax credit under 
        section 42 of the Internal Revenue Code of 1986 that is 
        initially funded with grant funds provided under this Act, 
        which fee is approved by the State housing credit agency, shall 
        not be considered to be program income.''.
    (d) Essential Families.--Section 201(b) (25 U.S.C. 4131(b)) is 
amended--
            (1) in paragraph (3)--
                    (A) in the paragraph heading, by striking ``Non-
                indian families'' and inserting ``Essential families'';
                    (B) by striking ``non-Indian''; and
                    (C) by striking ``on the Indian reservation or 
                other Indian area''; and
            (2) by redesignating the last paragraph (relating to 
        exemption) as paragraph (7).
    (e) Eligibility of Local Law Enforcement Officers for Residency.--
Clause (i) of section 201(b)(4)(A) (25 U.S.C. 4131(b)(4)(A)(i)) is 
amended by striking ``or'' the last place it appears and inserting ``, 
or other unit of local government, or a''.
    (f) Operation and Maintenance Costs.--Paragraph (4) of section 202 
(25 U.S.C. 4132(4)) is amended by inserting after ``rental 
assistance,'' the following: ``operation and maintenance of units 
developed with amounts provided under this Act,''.
    (g) Reserve Funds.--Section 202 (25 U.S.C. 4132) is amended by 
adding at the end the following new paragraph:
            ``(9) Reserve accounts.--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 funding affordable housing activities 
        under this section in accordance with the Indian housing plan 
        for the tribe, except that not more than 20 percent of any 
        grant amounts under section 101 on behalf of any Indian tribe 
        for any fiscal year may be used under this paragraph. Amounts 
        in such a reserve account may be invested only subject to the 
        same limitations applicable to grant amounts under section 
        204(b). Any income resulting from amounts in any such reserve 
        account shall be considered to be program income for purposes 
        of this Act.''.
    (h) Program Requirements.--Section 203 (25 U.S.C. 4133) is amended 
by adding at the end the following new subsections:
    ``(f) Use of Grant Amounts Over Extended Periods.--To the extent 
that the Indian housing plan for a tribe provides for the use of 
amounts from a grant under section 101 over more than one fiscal year 
or for affordable housing activities for which such funds will be 
committed for use or expended in a subsequent fiscal year, the 
Secretary may not require amounts from such a grant to be used, or 
committed for use, any sooner than so provided under such Indian 
housing plan.
    ``(g) De Minimis Exemption for Procurement of Goods and Services.--
Notwithstanding any other provision of law, any rules and procedures 
regarding competitive procurement otherwise applicable to a recipient 
shall not apply to the recipient in the case of procurement of goods 
and services under $5,000 with grant amounts under this Act.''.
    (i) Availability of Records.--Subsection (a) of section 208 (25 
U.S.C. 4138(a)) is amended--
            (1) by inserting ``(1)'' after ``criminal conviction 
        records of''; and
            (2) by inserting before the period at the end the 
        following: ``, or (2) adult applicants for employment with the 
        tribe in positions relating to the tribe's activities under 
        this Act or its other housing-related activities or with the 
        tribally designated housing entity, for purposes of applicant 
        screening''.

SEC. 3. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES 
              PROGRAM.

    (a) Establishment of Program.--Title II (25 U.S.C. 4131 et seq.) is 
amended--
            (1) by inserting after the title heading the following:

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

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

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

``SEC. 231. PURPOSES.

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

``SEC. 232. AUTHORITY.

    ``(a) In General.--Under the program under this subtitle, for each 
of fiscal years 2008 through 2012, the recipient for each qualifying 
Indian tribe may use the amounts specified in subsection (c) in 
accordance with this subtitle.
    ``(b) Qualifying Indian Tribes.--For purposes of this section, the 
term `qualifying Indian tribe' means, with respect to a fiscal year, an 
Indian tribe or tribally designated housing entity that--
            ``(1) a grant is made in behalf of under section 101;
            ``(2) has complied with the requirements under subsections 
        (b)(4) and (c)(7) of section 102; and
            ``(3) has no unresolved significant and material audit 
        findings or exceptions in the most recent annual audit 
        completed under chapter 75 of title 31, United States Code 
        (commonly known as the Single Audit Act), or in an independent 
        financial audit prepared in accordance with generally accepted 
        auditing principles.
    ``(c) Amount.--With respect to a fiscal year and a recipient, the 
amounts specified in this subsection are amounts from any grant under 
section 101 for the recipient for the fiscal year, as determined by the 
recipient, but in no case exceeding the lesser of (1) 15 percent of the 
total grant amount for the recipient for such fiscal year, or (2) 
$1,000,000.

``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 set forth in the Indian housing plan for the tribe 
pursuant to section 102(c)(7), for the construction, acquisition or 
rehabilitation of housing that 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 any costs of providing 
infrastructure, commercial and economic development, and operating 
costs of housing.

``SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.

    ``(a) In General.--Except as specifically provided in this Act, the 
provisions of title I, subtitle A of title II, and titles III through 
VIII shall not apply to the program under this subtitle or to 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 102(c)(5) (relating to certification of 
        compliance).
            ``(4) Section 104 (relating to treatment of program income 
        and labor standards).
            ``(5) Section 105 (relating to environmental review).
            ``(6) Section 201(b) (relating to eligible families).
            ``(7) Section 201(b)(7) (relating to preference for tribal 
        members and other Indian families).
            ``(8) Section 203(c) (relating to insurance coverage).
            ``(9) Section 209 (relating to noncompliance with 
        affordable housing requirement).
            ``(10) Section 401 (relating to remedies for 
        noncompliance).
            ``(11) Section 408 (relating to public availability of 
        information).
            ``(12) 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 such housing constructed, acquired, or 
        rehabilitated on costs to low-income families of affordable 
        housing;
            ``(3) the effectiveness of each recipient in achieving the 
        results intended to be achieved, as set forth 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 a report to the Congress setting forth the information 
obtained pursuant to the review under subsection (a), which shall 
include 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 amount pursuant 
        to section 232(c) that may be used under the program; and
            ``(2) recommendations for--
                    ``(A) specific Indian tribes (or recipients) that 
                should be prohibited from participating in the program 
                for failure to achieve results, and the period for 
                which such prohibition should remain in effect; or
                    ``(B) standards and procedures by which 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 the 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) Authority To Use Block Grant Amounts.--Subsection (a) of 
section 101 (25 U.S.C. 4111(a)) is amended by inserting before the 
period at the end of the first sentence the following: ``under subtitle 
A of title II and to carry out self-determined housing activities for 
tribal communities programs under subtitle B of such title''.
    (c) Exemption From Affordable Housing Activities Requirement.--
Subsection (g) of section 101 (25 U.S.C. 4111) is amended by inserting 
``of this section and subtitle B of title II'' after ``subsection 
(h)''.
    (d) Indian Housing Plans.--Section 102 (25 U.S.C. 4112) is amended 
as follows:
            (1) 5-year plan.--In subsection (b), by adding at the end 
        the following new paragraph:
            ``(4) Self-determined housing activities program.--A 
        statement of the manner in which the program for the Indian 
        tribe under subtitle B of title II will be carried out and 
        implemented, and an overview of the benefits to the low-income 
        community intended to be achieved from activities to be 
        undertaken during the period pursuant to the program for the 
        Indian tribe under subtitle B of title II.''.
            (2) 1-year plan.--In subsection (c), by adding at the end 
        the following new paragraph:
            ``(7) Self-determined housing activities program.--A 
        statement of housing activities to be undertaken during the 
        period pursuant to the program for the Indian tribe under 
        subtitle B of title II and a description of the benefit such 
        activities will provide for the low-income community.''.
    (e) Review of Housing Plans.--Section 103 (25 U.S.C. 4113) is 
amended by striking subsection (e) and inserting the following new 
subsection:
    ``(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 such 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, 
        and results included pursuant to such subsections.''.
    (f) Clerical Amendments.--The table of contents in section 1(b) (25 
U.S.C. 4101 note) is amended--
            (1) by inserting after the item for title II the following 
        new item:

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

        and
            (2) by inserting before the item for title III the 
        following new items:

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

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

SEC. 4. EFFECT OF NAHASDA ON HOME INVESTMENT PARTNERSHIPS ACT.

    (a) In General.--Title V (25 U.S.C. 4181 et seq.) is amended by 
adding at the end the following new section:

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

    ``The amendments made by this title, and the provisions of this 
title and this Act, may not be construed to prohibit or prevent any 
insular area or participating jurisdiction (as such terms are used for 
purposes of the HOME Investment Partnerships Act (42 U.S.C. 12721 et 
seq.)) from providing amounts made available under such Act for such 
area or jurisdiction to Indian tribes, or tribally designated housing 
entities, for use in accordance with the HOME Investment Partnerships 
Act.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) (25 
U.S.C. 4101 note) is amended by inserting after the item for section 
508 the following new item:

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

SEC. 5. 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.

SEC. 6. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES.

    (a) Educational Seminars.--Section 604 (25 U.S.C. 4195) is amended 
by adding at the end the following: ``Such activities shall include 
conducting educational seminars with tribes and tribally designated 
housing entities on how to utilize the loan guarantee program under 
this title.''.
    (b) Aggregate Fiscal Year Limitation.--Subsection (a) of section 
605 (25 U.S.C. 4195(a)) is amended by striking ``fiscal years 1997 
through 2007'' and inserting ``fiscal years 2008 through 2012''.
    (c) Authorization of Appropriations for Credit Subsidy.--Subsection 
(b) of section 605 is amended by striking ``fiscal years 1997 through 
2007'' and inserting ``fiscal years 2008 through 2012''.

SEC. 7. TRAINING AND TECHNICAL ASSISTANCE.

    Section 703 (25 U.S.C. 4212) is amended by striking ``fiscal years 
1997 through 2007'' and inserting ``fiscal years 2008 through 2012''.

SEC. 8. HOUSING ASSISTANCE FOR NATIVE HAWAIIANS.

    Section 824 (25 U.S.C. 4243), as added by section 513 of Public Law 
106-569 (114 Stat. 2969), is amended by striking ``fiscal years'' and 
all that follows and inserting the following: ``fiscal years 2008, 
2009, 2010, 2011 and 2012.''.
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