[Congressional Record (Bound Edition), Volume 151 (2005), Part 22]
[House]
[Pages 29440-29442]
[From the U.S. Government Publishing Office, www.gpo.gov]




            NATIVE AMERICAN HOUSING ENHANCEMENT ACT OF 2005

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and concur in the 
Senate amendments to the 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.
  The Clerk read as follows:

       Senate amendments:
       Page 3, line 14, strike out ``and''
       Page 3, strike out line 24 and all that follows through 
     page 4, line 4 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
       Page 4, strike out line 19 and all that follows through 
     page 5, line 10 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.''.
       Page 6, after line 2, insert: 

     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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Renzi) and the gentleman from Massachusetts (Mr. Frank) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to include extraneous material on this legislation.

[[Page 29441]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to have the opportunity today to speak on a 
bill I introduced earlier this year and that passed the House in April, 
the Native American Housing Enhancement Act. Subsequent changes to this 
bill by the other body were merely stylistic in nature, and they do not 
change the substance of this important legislation.
  While visiting with my Navajo and Apache constituents, I have learned 
that there is a need for a focus on long-term housing planning. This 
legislation will give tribes needed flexibility in spending grant money 
to enable vital housing projects to be completed more quickly. This 
bill makes three changes to help Native American communities in rural 
Arizona and across the Nation better address their housing needs.
  The first section of this bill clarifies that tribes are allowed 
unrestricted access to new Native American housing funds from HUD even 
if tribes retain program income from previous years.
  Currently, a tribe's grant money may be restricted if the tribe is 
receiving program income in excess of their operating costs. This 
clarification is critical to ensuring that we are not creating a 
disincentive for tribes to create income or plan for their future 
developments.
  This bill also brings USDA housing programs into alignment with HUD 
programs in allowing for Indian preference, which allows tribes to 
abide by the Indian Civil Rights Act.
  Currently, tribal governments may not exercise Indian preference for 
USDA programs because it would be considered a civil rights violation 
by giving preference based on racial designation. Indian preference is 
something tribal governments value greatly in addressing the needs of 
their citizens. This is not a race issue. Indian preference recognizes 
the political designations of tribes as sovereign entities that have 
entered into a government-to-government relationship with the United 
States. This legislation will help to ensure greater tribal use of USDA 
rural development grants and programs.
  Additionally, because another program that tribes used for their 
youth programs existed when the Native American Housing Assistance Act 
was enacted, accessibility to Youth Build funds was taken away. The 
Youth Build program assists communities by building new housing for 
needy families.
  Not only are tribes now prohibited from applying for Youth Build 
funds, but other organizations serving Native youth are prohibited as 
well; yet the statistics are overwhelming:
  The suicide rate for Native youth is three times the national 
average. Alcohol-related deaths among Native American ages 15 to 24 are 
17 times higher than the national average. Native youth ages 12 to 20 
are 58 percent more likely to become crime victims than any other race 
in this category.
  As of February, 2001, the latest statistics available, 74 percent of 
youth in custody in the Federal Bureau of Prisons systems were Native 
American youth, an increase of 50 percent since 1994.
  Native American youth represent only 1 percent of the American 
population and yet constitute as much as 3 percent of the prison 
population.
  These grim statistics speak to the importance of programs that teach 
life skills and give a sense of community to children in Indian 
Country. It is clear that these children should be able to participate 
in the Youth Build program that will help build better neighborhoods, 
more self-esteem, and make a difference for their future. The Native 
American Housing Enhancement Act will help Native Americans build 
strong homes, strong communities, and help many to achieve the American 
Dream of homeownership.
  Mr. Speaker, I would like to thank our subcommittee chairman, Mr. Ney 
of Ohio, for helping me push this legislation through. Also, without 
the assistance and partnership of Mr. Barney Frank of Massachusetts and 
Mr. Dennis Kucinich, we could not have gotten this pushed through. It 
has really been a bipartisan piece of legislation. I urge my colleagues 
to support this legislation, and I look forward to its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself such time as 
I may consume, and I agree with what the gentleman from Arizona said. 
We have made a bipartisan effort on our committee, the Committee on 
Financial Services, to really address the problem of Indian housing, 
which has shamefully been, I think, ignored and given inadequate 
attention by both the executive and the legislative branch, and by both 
parties. There is more than enough blame to go around.
  We also need to say, and I am myself a supporter of casino 
enterprises by Indians, but not every tribe has one. Not every tribe 
wants one. And we need to deal with the fact that while some people 
have this image of those tribes which have casinos doing very well, 
there continues to be some of the worst poverty in America on the 
reservations and among the tribes.
  This legislation is very important. The gentleman from Arizona and I 
and others, also earlier this year, had a hearing in which I must say I 
was dissatisfied with the responses we got. There are questions when 
you do Indian housing that come out of the land title situation, 
because of the atypicality by American legal standards of Indian 
landholding; and we have not had at either the legislative or executive 
branch or on behalf of either party the attention that the people 
deserve to their housing needs.
  This is a step. It is not the end. I am glad we are doing this. But I 
think I can serve notice, and I know the gentleman from Arizona agrees 
with me, that next year those people in the executive branch charged 
with this can be expected to be held to a much higher standard of 
performance than they have been held to before. We are determined to 
correct this situation.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1515

  Mr. RENZI. Mr. Speaker, I want to thank the gentleman from 
Massachusetts. I am grateful for the partnership. This problem is much, 
much bigger than party, and he has been a true friend and companion on 
this issue.
  I also want to put the administration on notice that when it comes to 
this new piece of miracle software that is supposed to be able to fix 
this title search issue, we are going to follow up here in less than 6 
months to find out the results of that implementation and the results 
of how many clear titles they have been able to procure and to process 
within a timely fashion.
  Home ownership on the Native American reservations around this 
country is below 30 percent. It is the smallest amount of anywhere in 
the country of any minority group. Yet home ownership is the way to be 
able to break the cycle of poverty.
  One of the best leaders that we have had, along with the gentleman 
from Massachusetts (Mr. Frank), is the gentleman from Ohio (Mr. Ney), 
who helped, with Mr. Frank, in the historic hearing that we had on the 
Navajo Nation, the first hearing since the 1800s where Indian housing 
has had a chance to even be heard of or had a field hearing.
  I yield such time as he may consume to the gentleman from Ohio (Mr. 
Ney).
  Mr. NEY. Mr. Speaker, I want to thank the gentleman from Arizona for 
yielding me the time and also my colleagues on both sides of the aisle 
for their hard work to bring this legislation to the floor. It is 
important, it is bipartisan. We had the hearing in which were present 
the gentleman from Arizona (Mr. Renzi), the gentlewoman from California 
(Ms. Waters), the gentleman from Utah (Mr. Matheson). It was the first 
hearing that we could find in the history of the House actually held on 
the tribal ground.
  When we also looked in the subcommittee at the issues for people to 
be able to get a house, can you imagine if you had to wait 1 or 2 years 
to get your title? I think the interest rates had probably changed by 
that time.

[[Page 29442]]

  I applaud the work that you have done, Congressman Renzi, on that 
issue. It is so important because of the conditions for native 
Americans in the housing, and, again, very proud of the work that you 
have done, Congressman Renzi, and the bipartisan effort by our 
colleagues on both sides of the aisle to help people who really need 
the assistance.
  Mr. FRANK of Massachusetts. Mr. Speaker, first I would yield to the 
gentlewoman from New York (Mrs. Maloney) for a unanimous consent 
request.
  Mrs. MALONEY. Mr. Speaker, I rise in very, very strong support of 
this important legislation for the Indian American community.
  Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, I appreciate the gentleman mentioning our colleague from 
Utah (Mr. Matheson), who has been very active in this, and also the 
staffs from our committee have worked very well together. I think it is 
the first time that such attention has been devoted at both the Member 
and staff level. I am very appreciative of our ability to do that 
together.
  Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. 
Kucinich).
  Mr. KUCINICH. Mr. Speaker, I thank the gentleman from Massachusetts, 
and I want to thank him for his advocacy for Native American housing. I 
rise in strong support of H.R. 797, the Native American Housing 
Enhancement Act of 2005, sponsored by the gentleman from Arizona (Mr. 
Renzi). I want to thank him for the quality of spirit which led him to 
propose this.
  I would like to say that I have had the opportunity to visit with 
many tribal communities over the last few years. I understand the need 
for this legislation. I also want to thank the gentleman from Ohio (Mr. 
Ney) for his advocacy on this issue. He and I have worked together on 
this housing issue, and I am glad to be here with him.
  This bill requires federally recognized, self-governing Indian tribes 
to comply with the Indian Civil Rights Act, title II of the Civil 
Rights Act of 1968, if they received financial assistance from the 
Agriculture Department for farm housing.
  Under current law the Department can provide loans to farm owners to 
improve housing conditions for themselves or their workers. The Indian 
Civil Rights Act prohibits tribes from making laws that restrict 
freedom of religion, freedom of speech or freedom of the press. It also 
sets out the requirements pertaining to fair due process for people who 
are arrested.
  The measure also exempts tribes currently in compliance with the 
Indian Civil Rights Act and tribes acting under other federally 
affordable housing programs in compliance with certain sections 
relating to fair housing and other civil rights laws which overlap with 
provisions in the Indian Civil Rights Act.
  Finally, the bill provides consistency across tribal housing programs 
by treating tribes applying for housing programs within the USDA the 
same as tribes applying for housing programs within HUD. It allows 
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.
  This bill will encourage home ownership and enhance housing 
opportunities for Native Americans around the country. It gives tribes 
more flexibility when developing housing improvement projects. Native 
American housing needs considerable improvement. Approximately 90,000 
Indian families are homeless or underhoused. Nearly 33 percent of 
Native American homes are overcrowded, while 33 percent lack adequate 
solid waste management systems, and 8 percent lack a safe indoor water 
supply. This is a good bill that will supply tangible benefits.
  Mr. FRANK of Massachusetts. Mr. Speaker, I yield back the balance of 
my time.
  Mr. RENZI. Mr. Speaker, the gentleman from Massachusetts mentioned 
the gentleman from Utah (Mr. Matheson). Without the gentleman from Utah 
who actually attended the hearing, we could not have gotten this done.
  The Navajo Reservation is 18 million acres, larger than the State of 
West Virginia. It spans the State of Arizona, Utah and New Mexico. I 
also want to thank the gentlewoman from New York (Mrs. Maloney) and the 
gentleman from Ohio (Mr. Ney), everyone pulling together on this.
  The new housing land map that just came out shows that that portion 
of America is the largest poverty-ridden land mass in the State. I know 
these gentlemen have a history, the gentleman from Ohio (Mr. Ney) and 
the gentleman from Massachusetts (Mr. Frank), of working hard on 
poverty issues. I thank you so much for stepping up, particularly in 
this time, when finally it is becoming aware that the remaining poverty 
in this country, one of the largest land masses of poverty in the 
Nation, is up there in that Four Corners area.
  Mrs. MALONEY. Mr. Speaker, this legislation improves the availability 
of Federal housing monies to Native Americans. It makes the 
requirements applicable to Indian tribes and their housing entities 
under the Housing Act of 1949 consistent with the Native American 
Housing Assistance and Self Determination Act; allows Indian tribes to 
have access to YouthBuild program grants; and makes technical 
corrections to NAHASDA to remove impediments to getting funds that 
serve no purpose.
  There is no question that this bill, and any bill that improves 
Federal housing assistance to Native Americans, is sorely needed. 
Native Americans have an overall poverty rate twice that of the rest of 
the United States. In particular, they face a dramatic shortage of safe 
and adequate housing. Some 90,000 Native-American families are homeless 
or live in very poor conditions. Even among those who have housing, 
about a third of Native American homes lack adequate sewage systems, 
and 8 percent do not have safe drinking-water systems.
  For that reason, this bill--introduced by Mr. Renzi and Mr. 
Matheson--has received strong bipartisan support in both chambers of 
Congress. The House passed the bill by voice vote on April 6, and the 
Senate passed its version on November 8, also by voice vote. Our 
passage of the Senate version today sends this to the President's desk.
  Essentially, this bill ensures that Indian tribes seeking housing 
assistance from the Federal Government are not caught between 
conflicting and preclusive requirements of different Federal agencies 
administering different Federal acts.
  Also, the bill makes Indian tribes eligible for Youthbuild grants. 
These grants are part of a HUD program that provides job training and 
academic assistance to low-income young people. Again, this is sorely 
needed by Native American youth.
  I urge my colleagues to support this bill.
  Mr. RENZI. Mr. Speaker, I have no other speakers, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Gillmor). The question is on the motion 
offered by the gentleman from Arizona (Mr. Renzi) that the House 
suspend the rules and concur in the Senate amendments to the bill, H.R. 
797.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendments were 
concurred in.
  A motion to reconsider was laid on the table.

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