[Congressional Record (Bound Edition), Volume 160 (2014), Part 12]
[House]
[Pages 16363-16371]
[From the U.S. Government Publishing Office, www.gpo.gov]




       NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2014

  Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4329) to reauthorize the Native American Housing Assistance 
and Self-Determination Act of 1996, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4329

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     American Housing Assistance and Self-Determination 
     Reauthorization Act of 2014''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Recommendations regarding exceptions to annual Indian housing 
              plan requirement.
Sec. 103. Environmental review.
Sec. 104. Deadline for action on request for approval regarding 
              exceeding TDC maximum cost for project.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.
Sec. 202. Program requirements.
Sec. 203. Homeownership or lease-to-own low-income requirement and 
              income targeting.
Sec. 204. Lease requirements and tenant selection.
Sec. 205. Tribal coordination of agency funding.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Authorization of appropriations.
Sec. 302. Effect of undisbursed block grant amounts on annual 
              allocations.

                      TITLE IV--AUDITS AND REPORTS

Sec. 401. Review and audit by Secretary.
Sec. 402. Reports to Congress.

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Sec. 501. HUD-Veterans Affairs supportive housing program for Native 
              American veterans.
Sec. 502. Loan guarantees for Indian housing.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Lands Title Report Commission.
Sec. 602. Limitation on use of funds for Cherokee Nation.
Sec. 603. Leasehold interest in trust or restricted lands for housing 
              purposes.
Sec. 604. Clerical amendment.

    TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

Sec. 701. Demonstration program.
Sec. 702. Clerical amendments.

                TITLE VIII--HOUSING FOR NATIVE HAWAIIANS

Sec. 801. Reauthorization of Native Hawaiian Homeownership Act.
Sec. 802. Reauthorization of loan guarantees for Native Hawaiian 
              housing.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, 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.).

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

     SEC. 101. BLOCK GRANTS.

       Section 101 (25 U.S.C. 4111) is amended--
       (1) in subsection (c), by adding after the period at the 
     end the following: ``The Secretary shall act upon a waiver 
     request submitted under this subsection by a recipient within 
     60 days after receipt of such request.''; and
       (2) in subsection (k), by striking ``1'' and inserting 
     ``an''.

     SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO ANNUAL 
                   INDIAN HOUSING PLAN REQUIREMENT.

       Not later than the expiration of the 120-day period 
     beginning on the date of the enactment of this Act and after 
     consultation with Indian tribes, tribally designated housing 
     entities, and other interested parties, the Secretary of 
     Housing and Urban Development shall submit to the Congress 
     recommendations for standards and procedures for waiver of, 
     or alternative requirements (which may include multi-year 
     housing plans) for, the requirement under section 102(a) of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4112(a)) for annual submission of one-
     year housing plans for an Indian tribe. Such recommendations 
     shall include a description of any legislative and regulatory 
     changes necessary to implement such recommendations.

     SEC. 103. ENVIRONMENTAL REVIEW.

       Section 105 (25 U.S.C. 4115) is amended--
       (1) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``may'' and inserting ``shall''; and
       (B) by adding after and below paragraph (4) the following:

     ``The Secretary shall act upon a waiver request submitted 
     under this subsection by a recipient within 60 days after 
     receipt of such request.''; and
       (2) by adding at the end the following new subsection:
       ``(e) Consolidation of Environmental Review Requirements.--
     If a recipient is using one or more sources of Federal funds 
     in addition to grant amounts under this Act in carrying out a 
     project that qualifies as an affordable housing activity 
     under section 202, such other sources of Federal funds do not 
     exceed 49 percent of the total cost of the project, and the 
     recipient's tribe has assumed all of the responsibilities for 
     environmental review, decisionmaking, and action pursuant to 
     this section, the tribe's compliance with the review 
     requirements under this section and the National 
     Environmental Policy Act of 1969 with regard to such project 
     shall be deemed to fully comply with and discharge any 
     applicable environmental review requirements that might apply 
     to Federal agencies with respect to the use of such 
     additional Federal funding sources for that project.''.

     SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR APPROVAL 
                   REGARDING EXCEEDING TDC MAXIMUM COST FOR 
                   PROJECT.

       (a) Approval.--Section 103 (25 U.S.C. 4113) is amended by 
     adding at the end the following new subsection:
       ``(f) Deadline for Action on Request to Exceed TDC 
     Maximum.--A request for approval by the Secretary of Housing 
     and Urban Development to exceed by more than 10 percent the 
     total development cost maximum cost for a project shall be 
     approved or

[[Page 16364]]

     denied during the 60-day period that begins on the date that 
     the Secretary receives the request.''.
       (b) Definition.--Section 4 (25 U.S.C. 4103) is amended--
       (1) by redesignating paragraph (22) as paragraph (23); and
       (2) by inserting after paragraph (21) the following new 
     paragraph:
       ``(22) Total development cost.--The term `total development 
     cost' means, with respect to a housing project, the sum of 
     all costs for the project, including all undertakings 
     necessary for administration, planning, site acquisition, 
     demolition, construction or equipment and financing 
     (including payment of carrying charges), and for otherwise 
     carrying out the development of the project, excluding off-
     site water and sewer. The total development cost amounts 
     shall be based on a moderately designed house and determined 
     by averaging the current construction costs as listed in not 
     less than two nationally recognized residential construction 
     cost indices.''.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

     SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

       The second paragraph (6) of section 201(b) (25 U.S.C. 
     4131(b)(6); relating to exemption) is amended--
       (1) by striking ``1964 and'' and inserting ``1964,''; and
       (2) by inserting after ``1968'' the following: ``, and 
     section 3 of the Housing and Urban Development Act of 1968''.

     SEC. 202. PROGRAM REQUIREMENTS.

       Section 203(a) (25 U.S.C. 4133(a)) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Application of tribal policies.--Paragraph (2) shall 
     not apply if the recipient has a written policy governing 
     rents and homebuyer payments charged for dwelling units and 
     such policy includes a provision governing maximum rents or 
     homebuyer payments.'';

     SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following new subparagraph:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c), by adding after the period at the 
     end the following: ``The provisions of such paragraph 
     regarding binding commitments for the remaining useful life 
     of the property shall not apply to improvements of privately 
     owned homes if the cost of such improvements do not exceed 10 
     percent of the maximum total development cost for such 
     home.''.

     SEC. 204. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 (25 U.S.C. 4137) is amended by adding at the 
     end the following new subsection:
       ``(c) Notice of Termination.--Notwithstanding any other 
     provision of law, the owner or manager of rental housing that 
     is assisted in part with amounts provided under this Act and 
     in part with one or more other sources of Federal funds shall 
     only utilize leases that require a notice period for the 
     termination of the lease pursuant to subsection (a)(3).''.

     SEC. 205. TRIBAL COORDINATION OF AGENCY FUNDING.

       (a) In General.--Subtitle A of title II (25 U.S.C. 4131 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING.

       ``Notwithstanding any other provision of law, a recipient 
     authorized to receive funding under this Act may, in its 
     discretion, use funding from the Indian Health Service of the 
     Department of Health and Human Services for construction of 
     sanitation facilities for housing construction and renovation 
     projects that are funded in part by funds provided under this 
     Act.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) is amended by inserting after the item relating to 
     section 210 the following new item:

``Sec. 211. Tribal coordination of agency funding.''.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

     SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

       The first sentence of section 108 (25 U.S.C. 4117) is 
     amended by striking ``such sums as may be necessary for each 
     of fiscal years 2009 through 2013'' and inserting 
     ``$650,000,000 for each of fiscal years 2014 through 2018''.

     SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT AMOUNTS ON ANNUAL 
                   ALLOCATIONS.

       (a) In General.--Title III (25 U.S.C. 4151 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL 
                   ALLOCATIONS.

       ``(a) Notification of Obligated, Undisbursed Grant 
     Amounts.--Subject to subsection (d) of this section, if as of 
     January 1 of 2015 or any year thereafter a recipient's total 
     amount of undisbursed block grants in the Department's line 
     of credit control system is greater than three times the 
     formula allocation such recipient would otherwise receive 
     under this Act for the fiscal year during which such January 
     1 occurs, the Secretary shall--
       ``(1) before January 31 of such year, notify the Indian 
     tribe allocated the grant amounts and any tribally designated 
     housing entity for the tribe of the undisbursed funds; and
       ``(2) require the recipient for the tribe to, not later 
     than 30 days after the Secretary provides notification 
     pursuant to paragraph (1)--
       ``(A) notify the Secretary in writing of the reasons why 
     the recipient has not requested the disbursement of such 
     amounts; and
       ``(B) demonstrate to the satisfaction of the Secretary that 
     the recipient has the capacity to spend Federal funds in an 
     effective manner, which demonstration may include evidence of 
     the timely expenditure of amounts previously distributed 
     under this Act to the recipient.
       ``(b) Allocation Amount.--Notwithstanding sections 301 and 
     302, the allocation for such fiscal year for a recipient 
     described in subsection (a) shall be the amount initially 
     calculated according to the formula minus the difference 
     between the recipient's total amount of undisbursed block 
     grants in the Department's line of credit control system on 
     such January 1 and three times the initial formula amount for 
     such fiscal year.
       ``(c) Reallocation.--Notwithstanding any other provision of 
     law, any grant amounts not allocated to a recipient pursuant 
     to subsection (b) shall be allocated under the need component 
     of the formula proportionately amount all other Indian tribes 
     not subject to such an adjustment.
       ``(d) Inapplicability.--Subsections (a) and (b) shall not 
     apply to an Indian tribe with respect to any fiscal year for 
     which the amount allocated for the tribe for block grants 
     under this Act is less than $5,000,000.
       ``(e) Effectiveness.--This section shall not require the 
     issuance of any regulation to take effect and shall not be 
     construed to confer hearing rights under this or any other 
     section of this Act.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) is amended by inserting after the item relating to 
     section 302 the following new item:

``Sec. 303. Effect of undisbursed grant amounts on annual 
              allocations.''.

                      TITLE IV--AUDITS AND REPORTS

     SEC. 401. REVIEW AND AUDIT BY SECRETARY.

       Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at 
     the end the following new paragraph:
       ``(3) Issuance of final report.--The Secretary shall issue 
     a final report within 60 days after receiving comments under 
     paragraph (1) from a recipient.''.

     SEC. 402. REPORTS TO CONGRESS.

       Section 407 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Financial Services and the Committee 
     on Natural Resources of the House of Representatives, to the 
     Committee on Indian Affairs and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate, and to any 
     subcommittees of such committees having jurisdiction with 
     respect to Native American and Alaska Native affairs,''; and
       (2) by adding at the end the following new subsection:
       ``(c) Public Availability to Recipients.--Each report 
     submitted pursuant to subsection (a) shall be made publicly 
     available to recipients.''.

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

     SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR 
                   NATIVE AMERICAN VETERANS.

       Paragraph (19) of section 8(o) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at 
     the end the following new subparagraph:
       ``(D) Native american veterans.--
       ``(i) Authority.--Of the funds made available for rental 
     assistance under this subsection for fiscal year 2015 and 
     each fiscal year thereafter, the Secretary shall set aside 5 
     percent for a supported housing and rental assistance program 
     modeled on the HUD-Veterans Affairs Supportive Housing (HUD-
     VASH) program, to be administered in conjunction with the 
     Department of Veterans Affairs, for the benefit of homeless 
     Native American veterans and veterans at risk of 
     homelessness.
       ``(ii) Recipients.--Such rental assistance shall be made 
     available to recipients eligible

[[Page 16365]]

     to receive block grants under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.).
       ``(iii) Funding criteria.--Funds shall be awarded based on 
     need, administrative capacity, and any other funding criteria 
     established by the Secretary in a notice published in the 
     Federal Register, after consultation with the Secretary of 
     Veterans Affairs, by a date sufficient to provide for 
     implementation of the program under this subparagraph in 
     accordance with clause (i).
       ``(iv) Program requirements.--Such funds shall be 
     administered by block grant recipients in accordance with 
     program requirements under Native American Housing Assistance 
     and Self-Determination Act of 1996 in lieu of program 
     requirements under this Act.
       ``(v) Waiver.--The Secretary may waive, or specify 
     alternative requirements for any provision of any statute or 
     regulation that the Secretary administers in connection with 
     the use of funds made available under this subparagraph, but 
     only upon a finding by the Secretary that such waiver or 
     alternative requirement is necessary to promote 
     administrative efficiency, eliminate delay, consolidate or 
     eliminate duplicative or ineffective requirements or 
     criteria, or otherwise provide for the effective delivery and 
     administration of such supportive housing assistance to 
     Native American veterans.
       ``(vi) Consultation.--The Secretary and the Secretary of 
     Veterans Affairs shall jointly consult with block grant 
     recipients and any other appropriate tribal organizations 
     to--

       ``(I) ensure that block grant recipients administering 
     funds made available under the program under this 
     subparagraph are able to effectively coordinate with 
     providers of supportive services provided in connection with 
     such program; and
       ``(II) ensure the effective delivery of supportive services 
     to Native American veterans that are homeless or at risk of 
     homelessness eligible to receive assistance under this 
     subparagraph.

     Consultation pursuant to this clause shall be completed by a 
     date sufficient to provide for implementation of the program 
     under this subparagraph in accordance with clause (i).
       ``(vii) Notice.--The Secretary shall establish the 
     requirements and criteria for the supported housing and 
     rental assistance program under this subparagraph by notice 
     published in the Federal Register, but shall provide Indian 
     tribes and tribally designated housing agencies an 
     opportunity for comment and consultation before publication 
     of a final notice pursuant to this clause.''.

     SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING.

       Section 184(i)(5) of the Housing and Community Development 
     Act of 1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the period at 
     the end of the first sentence the following: ``There are 
     authorized to be appropriated for such costs $12,200,000 for 
     each of fiscal years 2014 through 2018.''; and
       (2) in subparagraph (C)--
       (A) by striking ``2008 through 2012'' and inserting ``2014 
     through 2018''; and
       (B) by striking ``such amount as may be provided in 
     appropriation Acts for'' and inserting ``$976,000,000 for 
     each''.

                        TITLE VI--MISCELLANEOUS

     SEC. 601. LANDS TITLE REPORT COMMISSION.

       Section 501 of the American Homeownership and Economic 
     Opportunity Act of 2000 (25 U.S.C. 4043 note) is amended--
       (1) in subsection (a), by striking ``Subject to sums being 
     provided in advance in appropriations Acts, there'' and 
     inserting ``There''; and
       (2) in subsection (b)(1) by striking ``this Act'' and 
     inserting ``the Native American Housing Assistance and Self-
     Determination Reauthorization Act of 2014''.

     SEC. 602. LIMITATION ON USE OF FUNDS FOR CHEROKEE NATION.

       Section 801 of the Native American Housing Assistance and 
     Self-Determination Reauthorization Act of 2008 (Public Law 
     110-411) is amended by striking ``Temporary Order and 
     Temporary Injunction issued on May 14, 2007, by the District 
     Court of the Cherokee Nation'' and inserting ``Order issued 
     September 21, 2011, by the Federal District Court for the 
     District of Columbia''.

     SEC. 603. LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR 
                   HOUSING PURPOSES.

       Section 702 (25 U.S.C. 4211) is amended--
       (1) in subsection (c)(1), by inserting ``, whether enacted 
     before, on, or after the date of the enactment of this 
     section'' after ``law''; and
       (2) by striking ``50 years'' each place such term appears 
     and inserting ``99 years''.

     SEC. 604. CLERICAL AMENDMENT.

       The table of contents in section 1(b) is amended by 
     striking the item relating to section 206 (treatment of 
     funds).

    TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

     SEC. 701. DEMONSTRATION PROGRAM.

       Add at the end of the Act the following new title:

    ``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

     ``SEC. 901. AUTHORITY.

       ``(a) In General.--In addition to any other authority 
     provided in this Act for the construction, development, 
     maintenance, and operation of housing for Indian families, 
     the Secretary shall provide the participating tribes having 
     final plans approved pursuant to section 905 with the 
     authority to exercise the activities provided under this 
     title and such plan for the acquisition and development of 
     housing to meet the needs of tribal members.
       ``(b) Inapplicability of NAHASDA Provisions.--Except as 
     specifically provided otherwise in this title, titles I 
     through IV, VI, and VII shall not apply to a participating 
     tribe's use of funds during any period that the tribe is 
     participating in the demonstration program under this title.
       ``(c) Continued Applicability of Certain NAHASDA 
     Provisions.--The following provisions of titles I through 
     VIII shall apply to the demonstration program under this 
     title and amounts made available under the demonstration 
     program under this title:
       ``(1) Subsections (d) and (e) of section 101 (relating to 
     tax exemption).
       ``(2) Section 101(j) (relating to Federal supply sources).
       ``(3) Section 101(k) (relating to tribal preference in 
     employment and contracting).
       ``(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), 
     except as otherwise provided in this title.
       ``(7) Section 203(g) (relating to a de minimis exemption 
     for procurement of goods and services).
       ``(8) Section 702 (relating to 99-year leasehold interests 
     in trust or restricted lands for housing purposes).

     ``SEC. 902. PARTICIPATING TRIBES.

       ``(a) Request To Participate.--To be eligible to 
     participate in the demonstration program under this title, an 
     Indian tribe shall submit to the Secretary a notice of 
     intention to participate during the 60-day period beginning 
     on the date of the enactment of this title, in such form and 
     such manner as the Secretary shall provide.
       ``(b) Cooperative Agreement.--Upon approval under section 
     905 of the final plan of an Indian tribe for participation in 
     the demonstration program under this title, the Secretary 
     shall enter into a cooperative agreement with the 
     participating tribe that provides such tribe with the 
     authority to carry out activities under the demonstration 
     program.
       ``(c) Limitation.--The Secretary may not approve more than 
     20 Indian tribes for participation in the demonstration 
     program under this title.

     ``SEC. 903. REQUEST FOR QUOTES AND SELECTION OF INVESTOR 
                   PARTNER.

       ``(a) Request for Quotes.--Not later than the expiration of 
     the 180-day period beginning upon notification to the 
     Secretary by an Indian tribe of intention to participate in 
     the demonstration program under this title, the Indian tribe 
     shall--
       ``(1) obtain assistance from a qualified entity in 
     assessing the housing needs, including the affordable housing 
     needs, of the tribe; and
       ``(2) release a request for quotations from entities 
     interested in partnering with the tribe in designing and 
     carrying out housing activities sufficient to meet the 
     tribe's housing needs as identified pursuant to paragraph 
     (1).
       ``(b) Selection of Investor Partner.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     later than the expiration of the 18-month period beginning on 
     the date of the enactment of this title, an Indian tribe 
     requesting to participate in the demonstration program under 
     this title shall--
       ``(A) select an investor partner from among the entities 
     that have responded to the tribe's request for quotations; 
     and
       ``(B) together with such investor partner, establish and 
     submit to the Secretary a final plan that meets the 
     requirements under section 904.
       ``(2) Exceptions.--The Secretary may extend the period 
     under paragraph (1) for any tribe that--
       ``(A) has not received any satisfactory quotation in 
     response to its request released pursuant to subsection 
     (a)(2); or
       ``(B) has any other satisfactory reason, as determined by 
     the Secretary, for failure to select an investor partner.

     ``SEC. 904. FINAL PLAN.

       ``A final plan under this section shall--
       ``(1) be developed by the participating tribe and the 
     investor partner for the tribe selected pursuant to section 
     903(b)(1)(A);
       ``(2) identify the qualified entity that assisted the tribe 
     in assessing the housing needs of the tribe;
       ``(3) set forth a detailed description of such projected 
     housing needs, including affordable housing needs, of the 
     tribe, which shall include--
       ``(A) a description of such need over the ensuing 24 months 
     and thereafter until the expiration of the ensuing 5-year 
     period or until the affordable housing need is met, whichever 
     occurs sooner; and
       ``(B) the same information that would be required under 
     section 102 to be included in

[[Page 16366]]

     an Indian housing plan for the tribe, as such requirements 
     may be modified by the Secretary to take consideration of the 
     requirements of the demonstration program under this title;
       ``(4) provide for specific housing activities sufficient to 
     meet the tribe's housing needs, including affordable housing 
     needs, as identified pursuant to paragraph (3) within the 
     periods referred to such paragraph, which shall include--
       ``(A) development of affordable housing (as such term is 
     defined in section 4 of this Act (25 U.S.C. 4103));
       ``(B) development of conventional homes for rental, lease-
     to-own, or sale, which may be combined with affordable 
     housing developed pursuant to subparagraph (A);
       ``(C) development of housing infrastructure, including 
     housing infrastructure sufficient to serve affordable housing 
     developed under the plan; and
       ``(D) investments by the investor partner for the tribe, 
     the participating tribe, members of the participating tribe, 
     and financial institutions and other outside investors 
     necessary to provide financing for the development of housing 
     under the plan and for mortgages for tribal members 
     purchasing such housing;
       ``(5) provide that the participating tribe will agree to 
     provide long-term leases to tribal members sufficient for 
     lease-to-own arrangements for, and sale of, the housing 
     developed pursuant to paragraph (4);
       ``(6) provide that the participating tribe--
       ``(A) will be liable for delinquencies under mortgage 
     agreements for housing developed under the plan that are 
     financed under the plan and entered into by tribal members; 
     and
       ``(B) shall, upon foreclosure under such mortgages, take 
     possession of such housing and have the responsibility for 
     making such housing available to other tribal members;
       ``(7) provide for sufficient protections, in the 
     determination of the Secretary, to ensure that the tribe and 
     the Federal Government are not liable for the acts of the 
     investor partner or of any contractors;
       ``(8) provide that the participating tribe shall have sole 
     final approval of design and location of housing developed 
     under the plan;
       ``(9) set forth specific deadlines and schedules for 
     activities to be undertaken under the plan and set forth the 
     responsibilities of the participating tribe and the investor 
     partner;
       ``(10) set forth specific terms and conditions of return on 
     investment by the investor partner and other investors under 
     the plan, and provide that the participating tribe shall 
     pledge grant amounts allocated for the tribe pursuant to 
     title III for such return on investment;
       ``(11) set forth the terms of a cooperative agreement on 
     the operation and management of the current assistance 
     housing stock and current housing stock for the tribe 
     assisted under the preceding titles of this Act;
       ``(12) set forth any plans for sale of affordable housing 
     of the participating tribe under section 907 and, if 
     included, plans sufficient to meet the requirements of 
     section 907 regarding meeting future affordable housing needs 
     of the tribe;
       ``(13) set forth terms for enforcement of the plan, 
     including an agreement regarding jurisdiction of any actions 
     under or to enforce the plan, including a waiver of immunity; 
     and
       ``(14) include such other information as the participating 
     tribe and investor partner consider appropriate.

     ``SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.

       ``(a) In General.--Not later than the expiration of the 90-
     day period beginning upon a submission by an Indian tribe of 
     a final plan under section 904 to the Secretary, the 
     Secretary shall--
       ``(1) review the plan and the process by which the tribe 
     solicited requests for quotations from investors and selected 
     the investor partner; and
       ``(2)(A) approve the plan, unless the Secretary determines 
     that--
       ``(i) the assessment of the tribe's housing needs by the 
     qualified entity, or as set forth in the plan pursuant to 
     section 904(3), is inaccurate or insufficient;
       ``(ii) the process established by the tribe to solicit 
     requests for quotations and select an investor partner was 
     insufficient or negligent; or
       ``(iii) the plan is insufficient to meet the housing needs 
     of the tribe, as identified in the plan pursuant to section 
     904(3);
       ``(B) approve the plan, on the condition that the 
     participating tribe and the investor make such revisions to 
     the plan as the Secretary may specify as appropriate to meet 
     the needs of the tribe for affordable housing; or
       ``(C) disapprove the plan, only if the Secretary determines 
     that the plan fails to meet the minimal housing standards and 
     requirements set forth in this Act and the Secretary notifies 
     the tribe of the elements requiring the disapproval.
       ``(b) Action Upon Disapproval.--
       ``(1) Re-submission of plan.--Subject to paragraph (2), in 
     the case of any disapproval of a final plan of an Indian 
     tribe pursuant to subsection (a)(3), the Secretary shall 
     allow the tribe a period of 180 days from notification to the 
     tribe of such disapproval to re-submit a revised plan for 
     approval.
       ``(2) Limitation.--If the final plan for an Indian tribe is 
     disapproved twice and resubmitted twice pursuant to the 
     authority under paragraph (1) and, upon such second re-
     submission of the plan the Secretary disapproves the plan, 
     the tribe may not re-submit the plan again and shall be 
     ineligible to participate in the demonstration program under 
     this title.
       ``(c) Tribe Authority of Housing Design and Location.--The 
     Secretary may not disapprove a final plan under section 904, 
     or condition approval of such a plan, based on the design or 
     location of any housing to be developed or assisted under the 
     plan.
       ``(d) Failure To Notify.--If the Secretary does not notify 
     a participating tribe submitting a final plan of approval, 
     conditional approval, or disapproval of the plan before the 
     expiration of the period referred to in paragraph (1), the 
     plan shall be considered as approved for all purposes of this 
     title.

     ``SEC. 906. TREATMENT OF NAHASDA ALLOCATION.

       ``Amounts otherwise allocated for a participating tribe 
     under title III of this Act (25 U.S.C. 4151 et seq.) shall 
     not be made available to the tribe under titles I through 
     VIII, but shall only be available for the tribe, upon request 
     by the tribe and approval by the Secretary, for the following 
     purposes:
       ``(1) Return on investment.--Such amounts as are pledged by 
     a participating tribe pursuant to section 904(10) for return 
     on the investment made by the investor partner or other 
     investors may be used by the Secretary to ensure such full 
     return on investment.
       ``(2) Administrative expenses.--The Secretary may provide 
     to a participating tribe, upon the request of a tribe, not 
     more than 10 percent of any annual allocation made under 
     title III for the tribe during such period for administrative 
     costs of the tribe in completing the processes to carry out 
     sections 903 and 904.
       ``(3) Housing infrastructure costs.--A participating tribe 
     may use such amounts for housing infrastructure costs 
     associated with providing affordable housing for the tribe 
     under the final plan.
       ``(4) Maintenance; tenant services.--A participating tribe 
     may use such amounts for maintenance of affordable housing 
     for the tribe and for housing services, housing management 
     services, and crime prevention and safety activities 
     described in paragraphs (3), (4), and (5), respectively, of 
     section 202.

     ``SEC. 907. RESALE OF AFFORDABLE HOUSING.

       ``Notwithstanding any other provision of this Act, a 
     participating tribe may, in accordance with the provisions of 
     the final plan of the tribe approved pursuant to section 905, 
     resell any affordable housing developed with assistance made 
     available under this Act for use other than as affordable 
     housing, but only if the tribe provides such assurances as 
     the Secretary determines are appropriate to ensure that--
       ``(1) the tribe is meeting its need for affordable housing;
       ``(2) will provide affordable housing in the future 
     sufficient to meet future affordable housing needs; and
       ``(3) will use any proceeds only to meet such future 
     affordable housing needs or as provided in section 906.

     ``SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.

       ``(a) Annual Reports by Tribe.--Each participating tribe 
     shall submit a report to the Secretary annually regarding the 
     progress of the tribe in complying with, and meeting the 
     deadlines and schedules set forth under the approved final 
     plan for the tribe. Such reports shall contain such 
     information as the Secretary shall require.
       ``(b) Reports to Congress.--The Secretary shall submit a 
     report to the Congress annually describing the activities and 
     progress of the demonstration program under this title, which 
     shall--
       ``(1) summarize the information in the reports submitted by 
     participating tribes pursuant to subsection (a);
       ``(2) identify the number of tribes that have selected an 
     investor partner pursuant to a request for quotations;
       ``(3) include, for each tribe applying for participating in 
     the demonstration program whose final plan was disapproved 
     under section 905(a)(2)(C), a detailed description and 
     explanation of the reasons for disapproval and all actions 
     taken by the tribe to eliminate the reasons for disapproval, 
     and identify whether the tribe has re-submitted a final plan;
       ``(4) identify, by participating tribe, any amounts 
     requested and approved for use under section 906; and
       ``(5) identify any participating tribes that have 
     terminated participation in the demonstration program and the 
     circumstances of such terminations.
       ``(c) Audits.--The Secretary shall provide for audits among 
     participating tribes to ensure that the final plans for such 
     tribes are being implemented and complied with. Such audits 
     shall include on-site visits with participating tribes and 
     requests for documentation appropriate to ensure such 
     compliance.

     ``SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.

       ``(a) Termination of Participation.--A participating tribe 
     may terminate participation in the demonstration program 
     under

[[Page 16367]]

     this title at any time, subject to this section.
       ``(b) Effect on Existing Obligations.--
       ``(1) No automatic termination.--Termination by a 
     participating tribe in the demonstration program under this 
     section shall not terminate any obligations of the tribe 
     under agreements entered into under the demonstration program 
     with the investor partner for the tribe or any other 
     investors or contractors.
       ``(2) Authority to mutually terminate agreements.--Nothing 
     in this title may be construed to prevent a tribe that 
     terminates participation in the demonstration program under 
     this section and any party with which the tribe has entered 
     into an agreement from mutually agreeing to terminate such 
     agreement.
       ``(c) Receipt of Remaining Grant Amounts.--The Secretary 
     shall provide for grants to be made in accordance with, and 
     subject to the requirements of, this Act for any amounts 
     remaining after use pursuant to section 906 from the 
     allocation under title III for a participating tribe that 
     terminates participation in the demonstration program.
       ``(d) Costs and Obligations.--The Secretary shall not be 
     liable for any obligations or costs incurred by an Indian 
     tribe during its participation in the demonstration program 
     under this title.

     ``SEC. 910. FINAL REPORT.

       ``Not later than the expiration of the 5-year period 
     beginning on the date of the enactment of this title, the 
     Secretary shall submit a final report to the Congress 
     regarding the effectiveness of the demonstration program, 
     which shall include--
       ``(1) an assessment of the success, under the demonstration 
     program, of participating tribes in meeting their housing 
     needs, including affordable housing needs, on tribal land;
       ``(2) recommendations for any improvements in the 
     demonstration program; and
       ``(3) a determination of whether the demonstration should 
     be expanded into a permanent program available for Indian 
     tribes to opt into at any time and, if so, recommendations 
     for such expansion, including any legislative actions 
     necessary to expand the program.

     ``SEC. 911. DEFINITIONS.

       ``For purposes of this title, the following definitions 
     shall apply:
       ``(1) Affordable housing.--The term `affordable housing' 
     has the meaning given such term in section 4 (25 U.S.C. 
     4103).
       ``(2) Housing infrastructure.--The term `housing 
     infrastructure' means basic facilities, services, systems, 
     and installations necessary or appropriate for the 
     functioning of a housing community, including facilities, 
     services, systems, and installations for water, sewage, 
     power, communications, and transportation.
       ``(3) Long-term lease.--The term `long-term lease' means an 
     agreement between a participating tribe and a tribal member 
     that authorizes the tribal member to occupy a specific plot 
     of tribal lands for 50 or more years and to request renewal 
     of the agreement at least once.
       ``(4) Participating tribes.--The term `participating tribe' 
     means an Indian tribe for which a final plan under section 
     904 for participation in the demonstration program under this 
     title has been approved by the Secretary under section 905.

     ``SEC. 912. NOTICE.

       ``The Secretary shall establish any requirements and 
     criteria as may be necessary to carry out the demonstration 
     program under this title by notice published in the Federal 
     Register.''.

     SEC. 702. CLERICAL AMENDMENTS.

       The table of contents in section 1(b) is amended by 
     inserting after the item relating to section 705 the 
     following:

         ``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

``Sec. 801. Definitions.
``Sec. 802. Block grants for affordable housing activities.
``Sec. 803. Housing plan.
``Sec. 804. Review of plans.
``Sec. 805. Treatment of program income and labor standards.
``Sec. 806. Environmental review.
``Sec. 807. Regulations.
``Sec. 808. Effective date.
``Sec. 809. Affordable housing activities.
``Sec. 810. Eligible affordable housing activities.
``Sec. 811. Program requirements.
``Sec. 812. Types of investments.
``Sec. 813. Low-income requirement and income targeting.
``Sec. 814. Lease requirements and tenant selection.
``Sec. 815. Repayment.
``Sec. 816. Annual allocation.
``Sec. 817. Allocation formula.
``Sec. 818. Remedies for noncompliance.
``Sec. 819. Monitoring of compliance.
``Sec. 820. Performance reports.
``Sec. 821. Review and audit by Secretary.
``Sec. 822. General Accounting Office audits.
``Sec. 823. Reports to Congress.
``Sec. 824. Authorization of appropriations.

   ``TITLE IX --DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

``Sec. 901. Authority.
``Sec. 902. Participating tribes.
``Sec. 903. Request for quotes and selection of investor partner.
``Sec. 904. Final plan.
``Sec. 905. HUD review and approval of plan.
``Sec. 906. Treatment of NAHASDA allocation.
``Sec. 907. Resale of affordable housing.
``Sec. 908. Reports, audits, and compliance.
``Sec. 909. Termination of tribal participation.
``Sec. 910. Final report.
``Sec. 911. Definitions.
``Sec. 912. Notice.''.

                TITLE VIII--HOUSING FOR NATIVE HAWAIIANS

     SEC. 801. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   ACT.

       Section 824 (25 U.S.C. 4243) is amended by striking ``such 
     sums as may be necessary'' and all that follows through the 
     period at the end and inserting ``$13,000,000 for each of 
     fiscal years 2015 through 2019.''.

     SEC. 802. REAUTHORIZATION OF LOAN GUARANTEES FOR NATIVE 
                   HAWAIIAN HOUSING.

       Section 184A(j)(5) of the Housing and Community Development 
     Act of 1992 (12 U.S.C. 1715z-13b(j)(5)) is amended--
       (1) in subparagraph (B), by inserting after the period at 
     the end of the first sentence the following: ``There are 
     authorized to be appropriated for such costs $386,000 for 
     each of fiscal years 2015 through 2019.''; and
       (2) in subparagraph (C), by striking ``for each of fiscal 
     years'' and all that follows through the period at the end 
     and inserting ``for each of fiscal years 2015 through 2019 
     with an aggregate outstanding principal amount not exceeding 
     $41,504,000 for each such fiscal year.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico (Mr. Pearce) and the gentlewoman from Wisconsin (Ms. Moore) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Mexico.


                             General Leave

  Mr. PEARCE. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and submit extraneous materials for the Record on H.R. 4329, as 
amended, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Native American Housing Assistance and Self-
Determination Act was first signed into law in 1996. This 5-year 
authorization bill was conceptualized not to simply be another Federal 
subsidy for Native Americans but rather a bridge to assist millions in 
creating a better living condition, create housing opportunities, and 
find prosperity for tribal members.
  My family's story is exactly this one: when I was born, Dad and Mom 
had to move the chickens out of the shack that we moved into. That 
building still has a dirt floor in it today and wires in the windows. I 
have seen housing conditions similar to this still in New Mexico. I 
understand that my family made its way up the prosperity ladder 
starting, first, with owning our own home and, second, with then 
finding other ways to achieve asset acquisitions, and the same thing 
can happen for Native Americans.
  In the last 10 years, NAHASDA, as it is known, has become a driving 
force for positive change and improvement on tribal lands. Through 
increased access to safe and affordable housing and lease-to-own 
programs aimed at providing rural tribes with a means for self-growth, 
the program has provided flexibility and independence to tribal members 
nationwide.
  This year we are not only reauthorizing this critical bill that 
provides much-needed housing; we are also attempting to continue 
NAHASDA's tradition of transforming housing programs. We are doing so 
by capturing and enhancing market efficiencies and the effectiveness of 
streamlined processes to continue building prosperity, something that 
has been elusive on tribal lands for too long.
  I would like to thank all of those who have assisted in the 
development and promotion of this legislation, Congressman Don Young, 
Congressman Tom Cole, Congresswoman Gwen Moore, Congressman Denny Heck, 
and Congresswoman Maxine Waters, who made great suggestions during the

[[Page 16368]]

markup of this bill. Along with their staffs, they have worked 
tirelessly to make the reauthorization of this act possible and a truly 
bipartisan effort that achieves many of the reforms requested by Native 
American tribes nationwide.
  Working together, we were able to reduce the burden on tribes and 
expand the opportunities in Native American housing. These reforms will 
result in more efficient use of taxpayer money and provide approval of 
projects with greater speed, allowing tribes to focus money and 
resources on development and innovation instead of spending inordinate 
amounts of time and money on administrative requirements. Ultimately, 
this will provide more families with homes.
  Mr. Speaker, I commend HUD for truly embracing the need for more 
modernized programs with more accountability, transparency, and 
increased self-determination among Native Americans. Their willingness 
to engage with our offices, my counterparts working on this issue, and 
the committee has allowed us to create a more united product. Some 
Native Americans, upon reading the bill, have declared these changes 
and ideas will become transformational if they are adopted into law. 
Transformational is what we all came here to do.
  H.R. 4329 includes a number of reforms, updates, and additions to the 
originating legislation, which are widely supported across Native 
American tribes. Since passage out of the Financial Services Committee, 
our office has received countless letters of support for passage of the 
bill.
  In discussions with tribal housing councils and tribal leaders, there 
was great frustration with HUD for continued delays, and in extreme 
cases, failure to respond altogether. This legislation includes a 
compromise way forward to address this shortcoming. It sets a 
requirement that HUD shall respond to tribes within a 60-day period, 
ensuring timely responsiveness, but it does this without jeopardizing 
HUD's oversight responsibility.
  This reauthorization has a special provision that provides tribal 
businesses with greater opportunities for employment on tribal housing 
projects. The bill provides tribes with the flexibility to create 
independent maximum rent requirements dictated by the needs of their 
communities and with the flexibility to commingle Indian Health Service 
funds with NAHASDA money to construct sanitation facilities and greater 
infrastructure around housing developments.
  Working with the administration, my legislation includes language to 
recoup unexpended funds within the program. The agreement that was 
reached is more accommodating to tribal needs than the original 
request, allowing more room for tribes to work through their balances 
while meeting the need for efficiencies in the system.
  Finally, we have included a new demonstration project in the bill 
designed to attract greater private financing and more developers to 
invest private money in housing projects on tribal lands. This program 
envisions the same privatization projects that occurred on military 
land and succeeded in providing great numbers of new houses for 
military individuals in a very short period of time. The objective here 
is to put more Native Americans in homes and work through the backlog 
of housing needs in ways unseen before on Native lands.
  NAHASDA was designed to promote development and increase flexibility 
so that tribes may meet the unique challenges they face and provide the 
self-determination tribes deserve. The legislation before you today 
expands upon these principles and represents an opportunity for greater 
prosperity for a cross-section of our society that in many parts of the 
Nation is truly in need of assistance.
  Finally, I would like to thank Chairman Hensarling and Majority 
Leader McCarthy and their staff for their willingness to address this 
issue and working with me to bring it up to date.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this day is a culmination of a lot of time, a lot of 
work, and a lot of conversations back and forth, but, again, it is the 
best work that we have been able to produce in a bipartisan manner. It 
is not perfect, but I do want to thank all of our partners in this 
process. Representatives Cole, Hanabusa, Heck, Kildee, Pearce, and 
Young have really been just outstanding partners. I really want to 
thank Ranking Member Waters. She has been supportive, constructive, 
and, not to mention, exceedingly patient.
  I also want to thank the Native American community. The National 
Congress of American Indians, the National American Indian Housing 
Council, and many individual tribes from across the country have 
provided their expertise, their comments, their education, and their 
energy every single step of the way. My very first meeting in the 112th 
Congress was with one of my Wisconsin tribes, and I assured them that I 
would keep fighting to get NAHASDA to the floor, this reauthorization 
that honors the unique needs and sovereignty of the Nations of the 
First People, and H.R. 4329 keeps that promise.
  It is a model for how Congress can work. Of course, again, there is 
not 100 percent agreement on every provision. I am waiting for the 
perfect bill. But we cannot let the perfect stand in the way of the 
possible. We must do what is the best for our tribal communities at 
this time.
  NAHASDA provides tribal governments the ability to provide safe and 
affordable housing to tribal communities consistent with their status 
as sovereign. And it is no small task. Some of the poorest and most 
remote communities in this country are Native American. In fact, the 
three poorest communities in the United States are Native American.
  Improvements that this bill accomplishes include expediting certain 
Federal approvals, providing rental assistance for Native American 
veterans, and providing that all Native people are eligible for 
NAHASDA. Expediting approval ends costly administrative duplication and 
delays, which is important due to unique timing and building challenges 
on reservations.
  I am hopeful that when I yield time to another one of my colleagues, 
Mr. Heck, that he will expand on the provisions that we are proud of in 
this bill regarding Native American veterans. We are going to have 
several speakers, Mr. Speaker, who are going to comment on how we, 
after much back and forth, have included all Native people in this 
bill.
  With that, I reserve the balance of my time.
  Mr. PEARCE. Mr. Speaker, at this time I yield 3 minutes to the 
gentleman from Alaska (Mr. Young), who has devoted not just time this 
year but decades of helping Native Americans.
  Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise today to support H.R. 4329, the NAHASDA 
reauthorization act of 2014. Over the last 2 years, I have had the 
privilege of working with a bipartisan group of my colleagues on this 
crucial legislation. I would like to first start by thanking and 
commending Mr. Pearce for his leadership in sponsoring this bill. This 
bill wouldn't have been possible without the efforts of Mr. Cole, Ms. 
Moore, Mr. Denny Heck, Ms. Hanabusa, Mr. Kildee, and all the others. I 
also would like to thank Chairman Hensarling for his dedication in 
moving this bill through the committee and for his statesmanship in 
resolving the difficult issues.
  I would be remiss without thanking Alex on my staff, who has done 
great work on this legislation for the good of the First Americans.
  Finally, it is important to acknowledge the many tribes and 
organizations that contributed to this legislation. These include the 
National American Indian Housing Council, which has developed a 
foundation for the legislation, and the Cook Inlet Housing Authority, 
which has been a tireless advocate in my State.
  As my colleagues note, NAHASDA continues to be a successful and well-
liked program throughout Indian Country. NAHASDA exemplifies the spirit 
of self-determination by allowing Native communities to create their 
own

[[Page 16369]]

innovative housing assistance programs in ways that best serve their 
members. This bill upholds the success of NAHASDA and includes 
improvements to the programs that empower Native communities to better 
confront their housing challenges.

                              {time}  1430

  Furthermore, the bill responsibly streamlines administration of the 
programs so that both tribes and HUD will spend less time navigating 
red tape and more time advancing housing that makes a difference for 
native people.
  As we pass this bill, the Senate must act quickly to take up the 
legislation before the end of this Congress. I call on our colleagues 
in the Senate to recognize the bipartisan nature of the bill and listen 
to the voices on this side of the aisle in support of Indian Country. 
It is my hope that the legislation will be signed into law before the 
end of the year.
  As I said, I urge and I thank those for passage of this bill, H.R. 
4329.
  Ms. MOORE. Mr. Speaker, it is my pleasure to yield 2 minutes to the 
gentleman from Florida (Mr. Murphy), a member on the Financial Services 
Committee.
  Mr. MURPHY of Florida. Mr. Speaker, I thank the gentlelady for 
yielding and for her hard work on the legislation.
  I rise in support of reauthorizing the Native American Housing 
Assistance and Self-Determination Act. Communities are built upon 
access to safe, quality, affordable housing, but for many of America's 
great tribal nations, bureaucratic red tape has restricted tribes' 
abilities to make the most of scarce Federal housing dollars.
  While Native Americans face some of the worst housing and economic 
conditions in the country, this is simply unacceptable. Giving control 
of housing grants to tribal nations just makes sense.
  In addition to providing housing, the Miccosukee Indian Tribe of 
Florida preserves tradition, fights to protect the Florida Everglades, 
and works to develop the Tamiami Trail Reservation, using the 
flexibility NAHASDA provides to grow native-owned construction and 
building material businesses.
  I thank the gentleman from New Mexico (Mr. Pearce), chairman and 
ranking member of the committee, and the tribal leaders for their work 
on this important bipartisan legislation that provides much-needed 
reform to keep our Nation's promise to tribal nations and strengthen 
their communities. I urge my colleagues to support this bipartisan 
legislation.
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume. 
There are many different Native American groups across the country who 
have sent letters of support, including the National American Indian 
Housing Council, the U.S. Chamber of Commerce, Southwest Tribal Housing 
Alliance, Nevada and California Indian housing authorities, and the 
Northwest Indian Housing Association.
  In New Mexico, the Acoma Pueblo, Laguna Pueblo, Mescalero Apache, 
Jicarilla Apache, Santa Clara Pueblo, the Northern Pueblo, Santo 
Domingo Pueblo, and the Navajo Nation offers its support. Indian tribes 
all across the country are lending their support.
  I did note that I had overlooked the gentleman from Michigan (Mr. 
Kildee) on the other side of the aisle. His office was also greatly 
involved and instrumental in this bill, and I would like to recognize 
those efforts.
  I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, I am so happy to yield 2 minutes to the 
gentleman from Michigan (Mr. Kildee), who came here in his running 
shoes and really came here because of his relationship to his uncle who 
is one of our former retired colleagues, Mr. Kildee of Michigan, and 
the younger Mr. Kildee has been a tremendous asset in terms of putting 
this bill together.
  Mr. KILDEE. Mr. Speaker, I thank the gentlewoman from Wisconsin (Ms. 
Moore) for her great work on this legislation and her kind words, as 
well as Ranking Member Waters, and to Mr. Pearce who has pursued this 
legislation relentlessly, Mr. Young, and others, I think this is a fine 
moment for us. It is an exercise in bipartisanship which we don't see 
enough of around here.
  This is important legislation that has taken too long for Congress to 
bring to the floor. I think we all agree that it is long overdue. Our 
responsibilities, our trust relationships to the tribes has to be 
adhered to.
  I will say no bill is perfect, and I do support this legislation with 
some concerns primarily around, as I voiced in committee, the 
demonstration project that is included in this bill which is, by some, 
viewed as a step toward privatization of the NAHASDA program.
  I know most don't feel that way, but some feel it might lead to that. 
Tribes already have the ability to contract with nonprofit or for-
profit private developers in building and rehabilitating tribal 
housing.
  This particular program, the demonstration program, is not included 
in the National American Indian Housing Council's NAHASDA 
recommendations, and I think it is important that we listen to Indian 
Country and those in the tribal communities because the very name of 
this bill has to do with self-determination, and I think it is 
important that we adhere to the interests of those sovereign tribes 
that will be administering this program.
  There are other provisions that will be exempt from the NAHASDA 
requirements if in fact the privatization effort goes forward, so I 
would just be cautioning those tribal organizations and housing 
authorities that will be implementing under this law to take care to 
examine those relationships that they might enter into before pursuing 
the pilot program.
  I will finish by saying that it is important that this legislation 
move forward. No bill is perfect. This is a very good step forward. I 
commend leaders on both sides of the aisle for bringing this to the 
floor, and I look forward to it becoming law very soon.
  Mr. PEARCE. Mr. Speaker, again, I appreciate the observations by the 
gentleman. We had time to discuss after the hearing and after the 
markup, and at that time, it was pointed out that the pilot project is 
completely voluntary, easy to opt into and easy to opt out of.
  It is not our intent to trap or entrap anyone, but instead open a 
door if they desire to go through it. I think there will be tribes that 
can go in and build all of houses that they need in a very short period 
of time. That is what we are looking for, but again, I take his 
observations very seriously, and we have looked for flaws in the 
program that might be hooks or have unintended consequences.
  I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, I am absolutely delighted to yield 2 minutes 
to the gentlewoman from Hawaii (Ms. Hanabusa), who is not a member of 
the committee but weighed in heavily on the final draft that is before 
us today.
  Ms. HANABUSA. Mr. Speaker, I thank the gentlewoman from Wisconsin not 
only for yielding, but for her hard work and advocacy for native 
people.
  I rise in support of this important piece of legislation for all of 
our native people, and I want to thank the chair and the ranking member 
of the Financial Services Committee for moving the bill forward.
  Our native people, all native people, the Native Hawaiians included, 
have a very strong tie to the land. In Hawaii, it is called the aina. 
The need to have homeownership and to be tied to the land equates to 
the preservation of the culture and of the people.
  In Hawaii, we continue to have beneficiaries of a Federal law called 
the Hawaiian Homes Commission Act of 1920, which Congress did pass, who 
are still waiting to get on the land--still waiting. This 
reauthorization will bring us closer to fulfilling the intent and the 
purpose of that act.
  I appreciate the bipartisan efforts which have gone into this bill, 
and I would like to point out that title VIII, the portion that is 
relevant to the Native Hawaiians, expired in 2005.
  It is almost 10 years later, and it is only through the bipartisan 
efforts of this committee and those like my good friend from Alaska 
(Mr. Young) and

[[Page 16370]]

Mr. Cole from Oklahoma, who have managed to push this forward with all 
of our strong advocates on the committee as well.
  I ask that all Members of this body join me in supporting H.R. 4329 
for all the native people because it is how we define and how we treat 
our native people that makes us a better Nation and a great Nation.
  Mr. PEARCE. Mr. Speaker, again, recognizing the gentlelady from 
Hawaii, we had an opportunity to visit on the floor multiple times, and 
I recognize her inputs and just again would salute her for her support 
of the bill.
  I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Hawaii (Ms. Gabbard), who is one of many people who participated in 
getting this bill to where it is today.
  Ms. GABBARD. Mr. Speaker, today, I rise proudly in support of H.R. 
4329, the Native American Housing Assistance and Self-Determination 
Reauthorization of 2014. In the 18 years since its enactment, this 
legislation has strengthened indigenous self-determination by 
empowering native nations to empower their low-income families and 
households by assisting with their affordable housing needs.
  The State of Hawaii's Department of Hawaiian Home Lands uses these 
funds to manage a trust that Congress established for the 
rehabilitation of the Native Hawaiian people. Over 1,400 low-income 
families in Hawaii have benefited from these services, and in many 
cases, homeownership would not have been possible given the $640,000 
median price of a single-family home on the island of Oahu.
  I would like to give one quick example of the Nakihei family on the 
island of Molokai. Brent and Amber Nakihei could not have afforded to 
remain in the neighborhood where Brent grew up, but they partnered with 
the Molokai Habitat for Humanity and Hawaiian Homes to build a new 
three-bedroom, one-bath house in 2007.
  They invested 700 hours of work towards construction of that house, 
and their four children will now learn the responsibility of 
homeownership from a young age and have a safe home to grow up in. 
Passage of this legislation will continue to have a tremendous impact 
by enabling other families like the Nakihei family.
  Nationwide passage of this legislation also would represent an 
important step to removing roadblocks to economic success in native 
communities and would reaffirm the House's longstanding commitment to 
tribal sovereignty and self-determination.
  I thank my colleagues, Chairman Hensarling, Ranking Member Waters, 
and Representative Moore for their outstanding leadership in allowing 
this legislation to move forward, as well as longtime advocate 
Representative Young, Congresswoman Hanabusa, and Dan Kildee who worked 
very hard on this legislation. I urge my colleagues to join me in 
supporting H.R. 4329.
  Mr. PEARCE. Mr. Speaker, I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, I am delighted to yield such time as she may 
consume to the gentlewoman from California (Ms. Waters), the ranking 
member of the Financial Services Committee, who has really put a lot of 
time into this bill.
  As the ranking member, she serves on all of the subcommittees, but 
she has been particularly passionate about her stewardship over this 
bill.
  Ms. WATERS. Mr. Speaker, this bill will provide an important and long 
overdue reauthorization of the Native American Housing Assistance and 
Self-Determination Act, or NAHASDA.
  Through NAHASDA, the Federal Government provides housing assistance 
to Native Americans and Native Hawaiians, two groups that not only 
experience some of the poorest housing conditions in the Nation, but 
also face unique barriers to housing due to the legal status of tribal 
lands.
  Through block grants and loan guarantees, NAHASDA ensures Federal 
assistance is tailored to address their needs while respecting their 
right to self-determination. I am encouraged that my Republican 
colleagues have finally agreed to include a provision to reauthorize 
Native Hawaiian programs.
  As a supporter of the reauthorization of NAHASDA, I did not object to 
the bill before us today moving forward under suspension; however, this 
is one of those times, while you understand very well why 
reauthorization is necessary, I must go on record to continue to 
support a fight and a struggle that I have been involved in with some 
of my colleagues for many years.
  The bill will do nothing to protect the Cherokee Freedmen--
descendants of former African American slaves of the Cherokee--who are 
facing possible expulsion by the Cherokee Nation.
  The ancestors of the Freedmen marched with the Cherokee on the Trail 
of Tears; yet, today, their tragic history continues as the Freedmen 
face ongoing discrimination from the tribe that they call their own.

                              {time}  1445

  For the past several years, under the leadership of former Members, 
including former Congresswoman Carolyn Kilpatrick and former 
Congressman Mel Watt, the Congressional Black Caucus has stood up for 
the rights of the Cherokee Freedmen.
  I attempted to deal with this issue by way of an amendment, but the 
Republicans again refused to offer protections for the Cherokee 
Freedmen in this legislation. During the committee markup, my amendment 
was rejected, which would have made NAHASDA funding to the Cherokee 
contingent on full recognition of the Freedmen as citizens of the 
Cherokee Nation. It causes me great pain to not be able to support the 
continued silence on this issue.
  Furthermore, there is one other issue that I have to be concerned 
about. This bill would seriously undercut the central goal of providing 
affordable housing for low-income Native Americans. It would waive a 
low-standing tenet of affordable housing known as the ``Brooke rule,'' 
which states that the maximum rent paid by assisted households must be 
no more than 30 percent of their income. I have to be concerned about 
this because this is a rule that is throughout HUD. I do not wish to be 
part of opening up that door and then having to face that later on as 
we deal with public housing and assisted housing. This bill strips away 
this basic safeguard, making low-income Native Americans vulnerable to 
unlimited increases in rent without any kind of hardship exemptions in 
place.
  Lastly, this bill includes a new demonstration program that moves 
toward increased privatization and deregulation of tribal housing 
activities. I remain very concerned that this program could have 
negative impacts on low-income Native American households in 
participating tribes.
  I would like to sincerely thank Ms. Moore, Mr. Heck, and Mr. Kildee 
for their efforts to reach a bipartisan agreement on this bill. I would 
like to thank Ms. Hanabusa and Ms. Gabbard for the work that they are 
doing. I won't support the reauthorization in its current form for all 
the reasons I have stated, but I thank all of those who have worked so 
hard to try and deal with the need for assistance for both the 
Hawaiians and the Native Americans in housing.
  Mr. PEARCE. Mr. Speaker, I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, how much time do I have remaining?
  The SPEAKER pro tempore. The gentlewoman from Wisconsin has 5\1/2\ 
minutes remaining. The gentleman from New Mexico has 10 minutes 
remaining.
  Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
  Let me thank again all of the partners in getting this legislation to 
the floor.
  I do want to make mention of someone who is not a part of this 
debate, the gentlewoman from Minnesota, Representative Betty McCollum, 
who is the cochair of the Native American Caucus. She wanted to make 
sure that she weighed in during this discussion about the extraordinary 
need to deal with Native American housing.
  So many of us believe that Native Americans often are involved in 
gaming and that they are wealthy and rich, but as the ranking member 
mentioned, they are subjected to some of the poorest housing conditions 
in our country.

[[Page 16371]]

Although we are reauthorizing NAHASDA, none of us should be fooled at 
all that this will in any way deal with the tremendous need for 
affordable housing within Native American communities.
  I, again, am very, very empathetic with the issues, particularly that 
the ranking member has raised, and I am really hopeful that many of 
these issues, particularly the issue of the Cherokee Freedmen, will be 
dealt with. It seems promising to me because of some of the decisions 
that have been made in courts so far.
  We do seem to have a Cherokee chairman who is more open, it would 
seem, to providing membership and retaining membership of the Cherokee 
Freedmen.
  I, again, am happy that the Native Hawaiians are in this bill. I 
think that as we move forward, we should be ever mindful to make sure 
that nothing that we have done here will preempt the Native Americans' 
sovereignty or sovereignty status.
  Again, I want to thank all of my partners.
  I yield back the balance of my time.
  Mr. PEARCE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Oklahoma (Mr. Cole), who is a tireless advocate for Native Americans 
and Native American housing.
  Mr. COLE. Mr. Speaker, I thank my friend for yielding.
  I rise to support the Native American Housing Assistance and Self-
Determined Reauthorization Act of 2014.
  I want to begin by thanking my friend Mr. Pearce. Nobody has worked 
harder on this legislation and, frankly, cared more and done more to 
make sure that a part of our population that historically has not done 
well, to say the least, has the opportunity to not only receive some 
benefits that are appropriately and rightfully theirs, but to take more 
control over their own destiny and their own housing. I think this 
legislation does just that.
  I want to thank Members on both sides of the aisle. I see my good 
friend from Wisconsin over there who, we worked together on VAWA. I 
know what her commitment is on Native American issues, and I appreciate 
that very, very much.
  This legislation provides Native American tribes with much greater 
efficiencies when deploying NAHASDA funding. We all know government, 
however well intentioned, quite often is a pretty clumsy and pretty 
bureaucratic instrument. Consolidating the environmental review 
requirements, requiring the HUD Secretary to study and recommend to 
Congress standards to streamline the construction of Indian housing, 
recommendations for HUD to establish alternative reporting requirements 
for tribes, these are all good things that will speed the development 
of housing and allow tribes to deploy their funds more efficiently.
  There is also legislation in here to deal with taxpayer protections 
and tribal accountability to make sure the HUD Secretary has the 
authority to recoup unexpended funds that are held for too long; it 
strengthens tribal flexibility and sovereignty; and, finally, it allows 
tribes to pursue alternative funding sources by encouraging private 
investment, something that is desperately needed.
  I know, and happened to come in the last part of the debate, there 
was some discussion about the Cherokee Freedmen issue. That is an issue 
I know a fair amount about since the tribe is located in my home State 
of Oklahoma. I want to agree with Ms. Moore that we do have a chief, 
Chief Baker, who is extremely concerned about this issue and is trying 
to work it through.
  The bill itself, the language, is really just an update from what we 
did in 2008. We are trying to allow the courts and the tribe to solve 
the issue. I think they genuinely have made progress that the people 
here that have had legitimate concerns about this issue can be proud 
of. I think they will continue to do that. But there is no substantive 
change in what my friend Mr. Pearce has brought forward and what 
existing law was in this area.
  I just want to end once more by thanking my friend Mr. Pearce. 
Frankly, this bill would not have been on this floor without his 
diligent work. I certainly want to thank Mr. Hensarling for working 
with my friend Mr. Pearce, and I want to thank my friends on the other 
side of the aisle who also have focused a great deal of attention and 
concern on this issue to try and make sure that the first Americans 
aren't the last Americans in almost every category. So, again, I thank 
my friends, and I look forward to the passage of this legislation.
  Mr. PEARCE. Mr. Speaker, I yield myself the remainder of my time.
  I thank the gentleman from Oklahoma and, again, appreciate his 
leadership.
  As you have heard, there is no shortage of debate on the bill, but 
there is also no shortage of people coming together and saying let's 
pass this bill.
  I listened with interest to the ranking member. The points that she 
made today were made during the markup, and, again, I appreciate and 
respect that and have not set those concerns off on the side. It was 
absolutely essential that we move the bill forward in order to get this 
passed in this session, so I appreciate all of the support from our 
partners across the aisle.
  This support that you are hearing from Native Americans across the 
country from people in this Chamber is no coincidence. It comes from 
hard work, and that hard work has come from both sides of the aisle, 
but especially from Ms. Moore, Mr. Heck, Mr. Kildee, and, again, Ms. 
Waters. So thank you all for that dedicated effort. On our side, Mr. 
Young, Mr. Cole, and Mr. Hensarling have been just vital in getting 
this kind of pulled together in a fashion that we could bring it here 
today on suspension.
  For the past 2 years, my office and I have worked with countless 
tribal leaders and housing associations nationwide; we have worked with 
other Members of Congress from both sides of the aisle; we have worked 
with HUD and the administration--all for one end result, and that is to 
create greater prosperity for Native Americans. It is that simple.
  I am proud to cosponsor H.R. 4329 because it does so much to 
accomplish this goal. For generations, prosperity and growth has evaded 
many Native American communities. NAHASDA is not designed as an 
entitlement but, rather, as a tool of empowerment and growth. To date, 
each reauthorization has built upon the past to make alternations and 
updates designed to provide greater autonomy and prosperity on tribal 
lands. H.R. 4329 is no exception.
  I ask that you join me today in reauthorizing this commonsense yet 
transformative legislation, which will help millions realize the dream 
of prosperity. Vote ``yes'' and help break a perpetual cycle of poverty 
through self-determination and independence.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Mexico (Mr. Pearce) that the House suspend the rules 
and pass the bill, H.R. 4329, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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