[Congressional Record Volume 151, Number 147 (Tuesday, November 8, 2005)]
[Senate]
[Pages S12549-S12550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NATIVE AMERICAN HOUSING ENHANCEMENT ACT OF 2005

  Mr. VOINOVICH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 261, H.R. 797.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 797) to amend the Native American Housing 
     Assistance and Self-Determination Act of 1996 and other Acts 
     to improve housing programs for Indians.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. ENZI. Mr. President, today, I rise in support of H.R. 797, the 
Native American Housing Enhancement Act of 2005. This bill is identical 
to a bill Senator Johnson and I introduced in February, S. 475, that 
will encourage home ownership and enhance housing opportunities for 
Native Americans across the country. H.R. 797 is an important piece of 
legislation and I commend my Senate colleague, Senator Tim Johnson from 
South Dakota, and my colleague on the House side, Congressman Rick 
Renzi from Arizona, for their continued leadership on Indian housing 
issues.
  Home ownership is a fundamental building block of a successful 
community. Simply put, ownership promotes pride and pride promotes 
improvement. And, when it comes to Native American housing, we have a 
lot of improving to do. Currently, Native Americans experience some of 
the worst housing conditions in the country. About 90,000 Indian 
families are homeless or underhoused. Nearly 33 percent of Indian homes 
are overcrowded, while 33 percent lack adequate solid waste management 
systems and 8 percent lack a safe indoor water supply.
  Poor housing conditions on our reservations are a symptom of laws and 
regulations that fail to promote a sense of ownership and personal 
responsibility within our tribes. Although the Native American Housing 
Assistance and Self-Determination Act of 1996 made great strides in 
developing an ownership society in Indian country, we still have a lot 
of work to do. This legislation is a step in the right direction. Our 
bill would give tribes more flexibility when developing housing 
improvement projects, and will also give tribal housing entities the 
opportunity to once again take advantage of a program designed to teach 
kids the value of hardwork and community involvement.
  The Youthbuild program is a vocational program designed to give low-
income kids and highschool drop-outs between the ages of 16 and 24 the 
skills they need to survive in today's world. Youthbuild participants 
gain critical job skills and leadership training by constructing and 
rehabilitating affordable housing units in their communities. The new 
housing units are owned and managed by community housing authorities 
and then permanently designated for low-income families who need the 
most help finding a place to live. The program is an excellent tool for 
achieving two goals. The first goal is to provide vocational education 
and life-long learning skills for kids who live in some of the most 
economically-depressed areas of the country. These kids need skills in 
order to build a workforce that can support economic development on our 
reservations. The second goal is to build affordable housing units so 
tribal families can find homes with running water, adequate sewage 
systems, and heat and electricity.
  However, as I mentioned before, tribal housing entities and tribal 
youth programs were barred from the Youthbuild program when the Native 
American Housing Assistance and Self-Determination Act of 1996, 
NAHASDA, was enacted. Accessibility was eliminated because NAHASDA gave 
the tribes the authority to encompass this type of activity under their 
respective Indian Housing Plans. Unfortunately, when tribes are 
prioritizing their housing projects, many choose to fix crumbling 
foundations, dry-rot and sanitation systems before they invest in 
Youthbuild-type programs. H.R. 797 will provide an alternative resource 
for this type of activity. Further, it will

[[Page S12550]]

help children in tribal communities feel a sense of accomplishment when 
they see their friends and neighbors move into new homes they help 
built. And, that builds pride.
  The bill will also clarify that tribes and tribal entities can access 
certain grant income and retain program money for successive grant 
years if used for affordable housing activities. This provision will 
ultimately provide tribes and tribal entities with more flexibility in 
planning and improve their ability to use their funds efficiently.
  H.R. 797 also amends the Housing Act of 1949 to provide consistency 
across tribal housing programs by treating tribes applying for housing 
programs within the Department of Agriculture, USDA, the same as tribes 
applying for housing programs within the Department of Housing and 
Urban Development, HUD. The bill will allow tribes to comply with Title 
II of the Indian Civil Rights Act of 1968 rather than Title VI of the 
Civil Rights Act of 1964 when securing federal funds for USDA housing 
programs.
  Under Title VI of the Civil Rights Act of 1964, tribes are unable to 
access certain federal funds if Indian preference is a factor in using 
those funds. Tribes must comply with the Civil Rights Act unless 
Congress explicitly exempts them under an authorizing statute. 
Unfortunately, most Native American housing programs are tailored to 
benefit tribal members, which puts these programs at odds with the 1964 
Act.
  When Congress passed the Native American Housing Assistance and Self 
Determination Act in 1996, we exempted tribes from the 1964 Civil 
Rights Act for housing programs administered by the Department of 
Housing and Urban Development, provided they comply with the Indian 
Civil Rights Act of 1968. H.R. 797 would provide a similar exemption 
for tribes with respect to housing projects under the Department of 
Agriculture. In short, it brings USDA housing programs in line with HUD 
housing programs.
  This is a good bill that will provide real and tangible benefits in 
Indian country. Building a community is about building pride in our 
kids, our neighbors and ourselves. H.R. 797 and S. 475 recognize that 
pride comes from working together, learning new and improved skills, 
earning livable wages, and owning a home, among other things.
  Mr. VOINOVICH. Mr. President, I ask unanimous consent that the 
amendment at the desk be agreed to, the bill, as amended, be read a 
third time and passed, the motion to reconsider be laid upon the table, 
and any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2472) was agreed to, as follows:


                           Amendment No. 2472

(Purpose: To modify a provision relating to the application of certain 
                         Acts to Indian tribes)

       On page 3, line 9, strike ``and''.
       Beginning on page 3, strike lines 19 through 24 and insert 
     the following: of 1968 (42 U.S.C. 3601 et seq.); and
       (E) federally recognized Indian tribes exercising powers of 
     self-government are governed by the Indian Civil Rights Act 
     (25 U.S.C. 1301 et seq.); and
       Beginning on page 4, strike line 15 and all that follows 
     through page 5, line 6, and insert the following:

     ``SEC. 544. INDIAN TRIBES.

       ``Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
     et seq.) and title VIII of the Civil Rights Act of 1968 (42 
     U.S.C. 3601 et seq.) shall not apply to actions by federally 
     recognized Indian tribes (including instrumentalities of such 
     Indian tribes) under this Act.''.
       On page 5, after line 23, add the following:

     SEC. 6. YOUTHBUILD ELIGIBILITY.

       Section 460 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12899h-1) is amended by striking ``for 
     fiscal year 1998 and fiscal years thereafter'' and inserting 
     ``for fiscal years 1998 through 2005''.

  The bill (H.R. 797), as amended, was read the third time and passed.

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