[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Reported in House (RH)]
Union Calendar No. 185
110th CONGRESS
1st Session
H. R. 2786
[Report No. 110-295]
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
August 3, 2007
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
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.''.
Union Calendar No. 185
110th CONGRESS
1st Session
H. R. 2786
[Report No. 110-295]
_______________________________________________________________________
A BILL
To reauthorize the programs for housing assistance for Native
Americans.
_______________________________________________________________________
August 3, 2007
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed