[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[House]
[Pages 5722-5726]
[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 pass 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:

                                H.R. 797

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Housing 
     Enhancement Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) there exist--
       (A) a unique relationship between the Government of the 
     United States and the governments of Indian tribes; and
       (B) a unique Federal trust responsibility to Indian people;
       (2) Native Americans experience some of the worst housing 
     conditions in the country, with--
       (A) 32.6 percent of Native homes being overcrowded;
       (B) 33 percent lacking adequate solid waste management 
     systems;
       (C) 8 percent lacking a safe indoor water supply; and
       (D) approximately 90,000 Native families who are homeless 
     or underhoused;
       (3) the poverty rate for Native Americans is twice that of 
     the rest of the population of the United States;
       (4) the population growth of Native Americans that began in 
     the latter part of the 20th century increased the need for 
     Federal housing services;
       (5)(A) under the requirements of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), members of Indian tribes are given 
     preference for housing programs;
       (B) a primary purpose of the Act is to allow Indian tribes 
     to leverage funds with other Federal and private funds;
       (C) the Department of Agriculture has been a significant 
     funding source for housing for Indian tribes; and
       (D) to allow assistance provided under the Act and 
     assistance provided by the Secretary of Agriculture under 
     other law to be combined to meet the severe housing needs of 
     Indian tribes, the Housing Act of 1949 (42 U.S.C. 1471 et 
     seq.) should be amended to allow for the preference referred 
     to in subparagraph (A) by granting an exemption from 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.) to tribes who comply with the Indian Civil Rights Act 
     (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-
     1303), or who are acting under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4131(b)); and
       (6) section 457 of the Cranston-Gonzales National 
     Affordable Housing Act (42 U.S.C. 12899f) should be amended 
     to include Indian tribes, tribally designated housing 
     entities, or other agencies that primarily serve Indians as 
     eligible applicants for YouthBuild grants.

     SEC. 3. TREATMENT OF PROGRAM INCOME.

       Section 104(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is 
     amended by inserting ``restrict access to or'' after ``not''.

     SEC. 4. CIVIL RIGHTS COMPLIANCE.

       Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 544. INDIAN TRIBES.

       ``(a) In General.--Federally recognized Indian Tribes who 
     exercise powers of self-government (or their 
     instrumentalities) shall comply with the Indian Civil Rights 
     Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 
     1301-1303) when receiving assistance under this title.

[[Page 5723]]

       ``(b) Exemption.--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--
       ``(1) tribes covered by the Indian Civil Rights Act (title 
     II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303); or
       ``(2) tribes acting under section 201(b) of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131(b)).''.

     SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS.

       Section 457(2) of the Cranston-Gonzales National Affordable 
     Housing Act (42 U.S.C. 12899f(2)) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) by redesignating subparagraph (G) as sub-paragraph (H); 
     and
       (3) by inserting after subparagraph (F) the following:
       ``(G) an Indian tribe, tribally designated housing entity 
     (as defined in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103)), or other agency primarily serving Indians; and''.

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


                             General Leave

  Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include extraneous material on this legislation.
  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 5 minutes.
  Mr. Speaker, I am pleased to have on the floor today H.R. 797, the 
Native American Housing Enhancement Act of 2005, which I introduced 
this year with the gentleman from Utah (Mr. Matheson).
  While visiting with my Navaho and Apache constituents, I have learned 
that there is a need for a real focus on long-term housing planning. If 
we can help tribes be flexible with their grant money, we can see great 
projects such as Apache Dawn, a multiphased construction development by 
the White Mountain Apaches that was built because they were able to be 
flexible and creative with their funding.
  This bill makes three changes that will help Native American 
communities in rural Arizona and other Native American communities 
throughout America better address their housing needs. The first 
section of this bill will clarify that tribes are allowed unrestricted 
access to new NAHASDA funds even if they still retain program income 
from previous years. Currently the tribe's grant money may be 
restricted if that tribe is receiving program income in excess of their 
operating costs. This clarification is critical to ensure that we are 
not creating a disincentive for tribes to create housing plans for 
their future developments.
  Second, this bill also brings USDA housing programs in line with HUD 
programs in allowing Indian preference which lets tribes 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 for giving preference based upon racial 
designation. Indian preference is something tribal governments value 
greatly in addressing the needs of their citizens. It is not a race 
issue. Indian preference recognizes the political designation of tribes 
as sovereign entities with whom we have entered into a government-to-
government relationship. This amendment will help ensure greater tribal 
usage of USDA rural development programs.
  Because another program that tribes use for their youth program 
existed when NAHASDA was enacted, Youthbuild, accessibility was taken 
away. Not only are tribes prohibited from applying for Youthbuild 
funds, but organizations serving Native youths are prohibited as well; 
yet the statistics are overwhelming. Mr. Speaker, the suicide rate for 
Native American youth is three times the national average. Alcohol-
related deaths among Native Americans ages 15 to 24 are 17 times higher 
than the national average. American Native youth ages 12 to 20 are 58 
percent more likely to become crime victims than any other race of the 
same age span. And as of February 2001, 74 percent of youth in custody 
in the Federal Bureau of Prisons System were Native American youths, an 
increase of 50 percent since 1994. Native American youth represent 1 
percent of the U.S. population, yet constitute as much as 3 percent of 
the youth arrests for larceny, thefts and liquor law violations. These 
grim statistics speak to the importance of programs that teach life 
skills and give a sense of community to children in Indian Country.
  Current tragic events make clear the need to allow our children, our 
Native American children, to participate in a program that builds 
stronger neighborhoods, safe homes, more self-esteem, and make a 
difference for their future. I ask support for this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MATHESON. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from South Dakota (Ms. Herseth), who is a true leader 
on all Native American issues, and I know she has great concern on 
housing issues as well.
  Ms. HERSETH. Mr. Speaker, I want to thank the distinguished gentleman 
from Utah (Mr. Matheson) for yielding me time to voice my support for 
the Native American Housing Enhancement Act of 2005, and I would like 
to thank the distinguished gentleman from Arizona (Mr. Renzi), with 
whom I have the pleasure of serving on the Committee on Resources, for 
introducing this important legislation.
  As my colleagues have indicated, the Native American Housing 
Enhancement Act of 2005 will ensure that Congress's intent is carried 
out with respect to tribal access to new NAHASDA funds. The gentleman 
from Arizona made the compelling point that the act will also create a 
more appropriate civil rights standard for tribal governments 
administering USDA housing programs and will give tribes access to an 
important housing and youth services program known as Youthbuild.
  In my conversations with tribal leaders and tribal housing officials 
from across the State of South Dakota, the message is consistent. There 
is a desperate need for more housing in Indian Country. This is because 
historically there has been inadequate funding provided for housing 
programs. For instance, on the Pine Ridge Reservation, home to the 
Oglala Sioux Tribe in southwest South Dakota, current NAHASDA funding 
levels are insufficient to allow them to address their very acute 
housing needs. In Pine Ridge it is not uncommon to have 25 individuals 
or more living in one housing unit.
  I hear similar concerns from other tribes, from the Cheyenne River 
Sioux Tribe in the north to the Sisseton-Wahpeton Oyate in eastern 
South Dakota, and please bear in mind that these reservations are 
located in an area of the country where temperatures can reach 25 below 
or colder in the wintertime.

                              {time}  1315

  Adequate housing on South Dakota's reservations is truly a matter of 
life and death.
  This legislation is a meaningful step in the right direction. It 
would allow tribes unrestricted access to new NAHASDA funds, even if 
they still maintain program income from previous years. This will 
ensure that tribal governments are not punished for developing 
successful income-generating housing stock.
  This legislation is a top priority of the United Native American 
Housing Association, a regional group that represents 32 housing 
programs in the HUD Northern Plains Region, including all of South 
Dakota. It also is similar to legislation introduced in the Senate this 
year by my colleague Tim Johnson.
  Of course, there is much more to be done. Congress should acknowledge 
and live up to the treaty obligations that we have with tribes across 
the country

[[Page 5724]]

and respect the sovereignty of tribal governments. One way to do this 
is by responding to the substantial housing needs on our reservations 
by funding NAHASDA at a level that will allow tribal members to live 
with dignity in safe, sanitary housing.
  Mr. Speaker, I hope the passage of this legislation emphasizes the 
current housing needs in Indian Country and resonates with my 
colleagues. It is a step in the right direction, but we can and we must 
do more.
  Mr. RENZI. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Oklahoma (Mr. Cole), who is a member of the Chickawa 
Tribe. The gentleman from Oklahoma (Mr. Cole) is a true fighter and 
advocate for those in Indian Country across our Nation.
  Mr. COLE of Oklahoma. Mr. Speaker, I would be in trouble if I did not 
say Chickasaw Tribe.
  Mr. Speaker, I rise today in support of H.R. 797, the Native American 
Housing Enhancement Act of 2005. I commend the gentleman from Arizona 
(Mr. Renzi) for bringing such an important piece of legislation before 
the House for consideration.
  This bill allows tribes to maximize funding resources provided 
through the Native American Housing and Self-Determination Act of 1996. 
It also reinforces tribal sovereignty by allowing tribes to focus 
certain Federal housing funding solely on tribal members. Finally, it 
will reinstate tribal access to Federal funding for youth programs.
  Mr. Speaker, my colleague, the gentleman from Arizona (Mr. Renzi), 
has been a tireless champion for the Native American community, whether 
reinforcing tribal sovereignty, encouraging economic diversification, 
increasing educational opportunities, or improving the quality of life 
for Native Americans. I commend the gentleman from Arizona for his 
leadership in advancing the causes of the Native American community and 
urge support for the passage of the Native American Housing Enhancement 
Act of 2005.
  Mr. MATHESON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is important that we are considering this bill today 
on the House floor. I do commend the leadership of the Committee on 
Financial Services, the gentleman from Ohio (Mr. Oxley) and the 
gentleman from Massachusetts (Mr. Frank), and the leadership of the 
subcommittee, the gentleman from Ohio (Mr. Ney) and the gentlewoman 
from California (Ms. Waters). They exhibit bipartisanship in an effort 
to get legislation done that is important, and that is why we are here 
today.
  I certainly thank my colleague, the gentleman from Arizona (Mr. 
Renzi). The gentleman from Arizona (Mr. Renzi) and I share the 
privilege and honor of representing the Navajo Nation. I can tell you 
the gentleman from Arizona (Mr. Renzi) has been a tireless advocate for 
Navajo issues and Native American issues in general, and I value the 
relationship I have had with him working on those issues.
  This bill, H.R. 797, the Native American Housing Enhancement Act, is 
an important bill in making a few simple changes to current law that 
will improve Native American access to housing.
  Last year, and quite frankly, this was at the instigation of the 
gentleman from Arizona (Mr. Renzi), there was a field hearing that took 
place on the Navajo Reservation; and the Committee on Financial 
Services sponsored this field hearing, which I believe is the first 
housing field hearing ever to take place on the reservation.
  The gentleman from Arizona (Mr. Renzi), along with the gentleman from 
Ohio (Mr. Ney) and the gentlewoman from California (Ms. Waters), and I 
toured parts of the reservation before the hearing, heard from many 
witnesses from a number of tribes, and we learned a lot during that 
hearing. We saw some startling things, and we learned a lot that needs 
to be addressed.
  We learned the poverty rate for Native Americans is twice that of the 
rest of the U.S. population; that many Native Americans continued to 
live in appalling housing conditions, even as those in much of the 
Nation have improved, and we saw some of those conditions when we 
toured the reservation.
  American Indians and Alaskan native populations live in housing that 
is often and justifiably compared to third-world nations. One out of 
every five Indian homes lacks complete plumbing facilities. Over 90,000 
American Indians and Alaska Natives are homeless or underhoused. So I 
am so pleased that as a result of the subcommittee hearing out on the 
reservation and the testimony we heard that the bipartisan work of the 
gentleman from Arizona (Mr. Renzi) and of others that we are bringing 
to the floor today can help address at least some of these issues.
  This bill will not address all of the challenges associated with 
Native American housing, but it will provide progress on the issue. It 
takes a positive step by stretching existing resources and creating 
flexibility in the delivery of housing for Native Americans.
  Specifically, the bill will amend the current law to explicitly 
direct the Department of Housing and Urban Development to allow tribes 
unrestricted access to new Native American Housing Assistance and Self-
Determination Act funds, even if they still retain program income funds 
from previous years. You have heard that described by a couple of 
speakers before me.
  This is so important, because sometimes when investments get made in 
new housing, there is a rental stream or income that comes off of that 
housing; and if the law is interpreted in a way we do not want to have 
happen, it prevents new funds from coming in to move ahead with 
additional housing programs. This act today addresses that problem so 
we can continue to make progress.
  The bill will also amend the Housing Act of 1949 and will bring USDA 
housing programs into line with HUD Indian housing programs in allowing 
Indian preference.
  Finally, of course, the bill will reinstate Indian access to 
YouthBuild grants. The grants are part of a Housing and Urban 
Development Department program that provides job training and academic 
assistance to low-income young people. Ensuring that tribes are 
eligible to create for YouthBuild grants will fill a void in access to 
funding for youth programs in Indian Country.
  So as I said, this bill does take some important steps forward in 
addressing the housing needs of Native Americans. Beyond that, there 
are two other lessons I think we can learn from this bill, and I think 
a lot of people in Congress might want to pay attention to this.
  The first is, I think, we worked the way we are supposed to work. We 
heard from constituents, we went and conducted a field hearing, we 
listened to a lot of tribes from around this country. We took that 
information back through the leadership of the gentleman from Arizona 
(Mr. Renzi).
  We have now formed legislation to address some of the problems that 
were appropriately brought to our attention during the hearing process, 
and this legislation is before us today. If it passes, as I am 
confident it will, hopefully it will move in the other body as we will 
and we will make some progress on an issue. That is why we are elected 
in this body, is to make progress on issues.
  The second lesson is the relationship that the gentleman from Arizona 
(Mr. Renzi) has exhibited in working with folks on the other side of 
the aisle. It is a valuable bipartisan relationship. It is the way you 
get things done around here.
  So I commend the gentleman from Arizona (Mr. Renzi) on his leadership 
on this issue, and I thank my colleagues for bringing the bill to the 
floor. I certainly encourage this bill's adoption.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I also want to thank the gentleman from Utah for his 
advocacy and particularly for the leadership he showed during the 
hearing out in Navajo Country.

[[Page 5725]]

  In closing, I want to thank the gentleman from Ohio (Chairman Ney), 
who has been a tireless advocate on Native American housing issues, who 
represents a tough district with a lot of rural needs, and who 
understands and has articulated the message that is now getting out 
across the country, the need to help so many of our first citizens, the 
Native Americans of our Nation.
  Mr. Speaker, I am pleased to have on the House floor today H.R. 797, 
the Native American Housing Enhancement Act which I introduced earlier 
this year with my colleague Mr. Matheson of Utah.
  While visiting with my Navajo and Apache constituents, I have learned 
that there is a need for a focus on long term housing planning. If we 
can help tribes be flexible with their grant money we will see great 
projects such as Apache Dawn, a multi-phase construction development by 
the White Mountain Apache that was built because they were able to be 
flexible and creative with their funding.
  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 will clarify that tribes are allowed 
unrestricted access to new NAHASDA funds even if they still retain 
program income from previous years.
  Currently a tribes' grant money may be restricted if that tribe is 
receiving program income in excess of their operating costs.
  This clarification is crucial to ensure 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 line with HUD 
programs in allowing Indian preference which lets tribes 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 
for giving preference based on a racial designation.
  Indian preference is something tribal governments value greatly in 
addressing the needs of their citizens--it is not a race issue. Indian 
preference recognizes the political designation of tribes as sovereign 
entities with whom we have entered into a government to government 
relationship.
  This amendment will help to ensure greater tribal usage of USDA Rural 
Development programs.
  Because another program that tribes used for their youth programs 
existed when NAHASDA was enacted, YouthBuild accessibility was taken 
away.
  Not only are tribes prohibited from applying for Youthbuild funds, 
but 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 Americans ages 15-24 are 
17 times higher than the national average.
  Native youth ages 12-20 are 58 percent more likely to become crime 
victims than any other race of the same ages.
  As of February 2001, 74 percent of youth in custody in the Federal 
Bureau of Prisons system were Native American youth, an increase of 50 
percent since 1994.
  Native American youth represent 1 percent of the U.S. population, yet 
they constitute 2 percent to 3 percent of the youth arrested for 
offenses such as larceny-theft and liquor law violations.
  These grim statistics speak to the importance of programs that teach 
life skills and give a sense of community to children in Indian 
Country. Current tragic events make clear the need to allow these 
children to participate in a program that will build stronger 
neighborhoods, more selfesteem and make a difference for their future.
  Thank you for the opportunity to speak on this matter and I urge your 
support of this bill.
  Mr. OXLEY. Mr. Speaker, I rise in strong support of H.R. 797, the 
Native American Housing Enhancement Act of 2005 and want to commend the 
sponsor of the legislation, the gentleman from Arizona, Rick Renzi, for 
his tireless work and continued dedication to improving the housing 
conditions for Native Americans in this country.
  Native Americans are three times more likely to live in overcrowded 
housing, and are more likely than other Americans to lack sewage and 
water systems, telephone lines and electricity, according to the 2000 
U.S. Census. Nearly 12 percent of Native Americans lack complete 
plumbing, compared with 1.2 percent of the general population. Native 
Americans have the highest poverty rates at 26 percent and have the 
highest unemployment rate in the country at nearly 14 percent.
  Last year, in May, this Committee held the first Indian Housing 
Congressional hearing in Tuba City, Arizona in Indian country. At that 
hearing, members were able to witness first hand the substandard 
conditions experienced by Native Americans and learned of the many 
barriers to housing development on reservations.
  After that hearing, this Committee took action and enacted H.R. 4471, 
the Homeownership Opportunities for Native Americans Act of 2004 to 
provide more chances to provide quality housing for Native Americans. 
That legislation restored the government repayment under the Title VI 
Loan Guarantee Program from 80 percent to 95 percent in case of 
default. The bill we are considering today represents another 
installment in this Committee's commitment to addressing the many 
housing needs facing Native Americans. The legislation we are 
considering today, H.R. 797, represents another small step toward 
improving housing for Native Americans in this country.
  First, it requires federally recognized, self-governing Indian Tribes 
(whose self-governing status would otherwise make them exempt) to 
comply with the Indian Civil Rights Act--title II of the Civil Rights 
Act of 1968--if they receive 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, speech or 
the press. It also sets other 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 federal 
affordable housing programs from compliance with certain sections 
relating to fair housing under other civil rights laws, which overlap 
with provisions in the Indian Civil Rights Act.
  The bill makes Indian tribes or their housing entities eligible for 
Youthbuild grants. The grants are part of a Housing and Urban 
Development Department program that provides job training and academic 
assistance to low-income young people.
  Finally, the measure clarifies that the Interior Department cannot 
restrict access to or reduce funds going to tribes receiving block 
grants under the Native American Housing Assistance and Self-
Determination Act of 1996 (PL 104-330).
  While this legislation does not make monumental changes, it makes 
changes that will help stretch the housing resources available to 
Native Americans. I urge my colleagues to support.
  Mr. NEY. Mr. Speaker, I rise in strong support of H.R. 797, the 
Native American Housing Enhancement Act of 2005. I would like to thank 
my colleague and friend, Cong. Rick Renzi from Arizona, for his hard 
work to bring this legislation to the floor. His commitment to 
improving the housing conditions in Indian Country is an example we 
should all follow.
  Native Americans today are experiencing chronic housing affordability 
problems. Over 32.5 percent of the homes located on tribal lands are 
overcrowded and less than 50 percent of homes in Indian Country are 
connected to public sewer systems. Approximately 40 percent of tribal 
homes are considered substandard compared to a national average of six 
percent.
  Last May, the Subcommittee on Housing and Community Opportunity held 
a field hearing in Tuba City, Arizona on the state of housing in Indian 
Country. The hearing was the first time the Housing Subcommittee held a 
hearing on tribal lands. At this hearing, members were able to witness 
first hand the substandard conditions experienced by Native Americans. 
It gave members the opportunity to learn of the many barriers to 
housing development on reservations.
  After that hearing, the Financial Services Committee took action and 
passed H.R. 4471, which restored the government repayment under the 
Title VI Loan Guarantee Program from 80 percent to 95 percent in case 
of default. The bill we are considering today represents another 
installment in this Committee's commitment to addressing the many 
housing needs facing Native Americans.
  H.R. 797 requires federally recognized, self-governing Indian Tribes 
(whose self-governing status would otherwise make them exempt) to 
comply with the Indian Civil Rights Act--title II of the Civil Rights 
Act of 1968--if they receive 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, speech or 
the press. It also sets other 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

[[Page 5726]]

and tribes acting under other federal affordable housing programs from 
compliance with certain sections relating to fair housing under other 
civil rights laws, which overlap with provisions in the Indian Civil 
Rights Act.
  The bill makes Indian tribes or their housing entities eligible for 
Youthbuild grants. The grants are part of a Housing and Urban 
Development Department program that provides job training and academic 
assistance to low-income young people.
  Finally, the measure clarifies that the Interior Department cannot 
restrict access to or reduce funds going to tribes receiving block 
grants under the Native American Housing Assistance and Self-
Determination Act of 1996 (PL 104-330).
  Development programs delivered to Indian Country should be highly 
flexible and adaptive to the very unique and specific circumstance in 
each tribal setting. Native Americans must be able to take full 
advantage of partnering and leveraging efforts across institutions and 
at all levels of government.
  While today's legislation does not make monumental changes, it will 
help stretch the housing resources available to Native Americans. If we 
begin to succeed at these initiatives, then opportunities will move 
into these rural areas. As we work to help strengthen opportunities in 
Indian Country, together we will all continue to play a significant 
role in improving the quality of life for all families.
  I urge my colleagues to support this piece of legislation.
  Mr. BACA. Mr. Speaker, I rise in strong support of H.R. 797, the 
Native American Housing Enhancement Act of 2005.
  For too long our Native American brothers and sisters have been 
treated like second-class citizens.
  I believe I speak for everyone when I say that Native Americans 
deserve decent housing, a suitable living environment, and economic 
opportunities.
  The Native American Housing Enhancement Act of 2005 is a step towards 
putting Native Americans on a fair playing field.
  This bill makes changes to the Native American Housing Assistance and 
Self-Determination Act (NAHASDA) which will make better use of 
resources and provide housing for Native Americans through more 
efficient means. By allowing tribal governments to exercise their 
preference for housing programs through the Indian Civil Rights Act, 
tribes can better direct these funds to expedite tribal housing.
  This bill will also direct the Department of Housing and Urban 
Development to allow tribes unlimited access to new housing funds even 
if they are still using funds from previous years.
  Importantly, this bill also amends the National Affordable Housing 
Act to provide tribes eligibility for Youthbuild grants, which they 
were unfairly denied when NAHASDA was created in 1996.
  This legislation conveys the intent of Congress that all Americans, 
including our first Americans, are entitled to the American dream.
  I am proud to speak in strong support of this important initiative to 
help more Native Americans achieve the American dream.
  Mr. RENZI. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Boozman). The question is on the motion 
offered by the gentleman from Arizona (Mr. Renzi) that the House 
suspend the rules and pass the bill, H.R. 797.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________