[Congressional Record (Bound Edition), Volume 161 (2015), Part 3]
[House]
[Pages 3992-4000]
[From the U.S. Government Publishing Office, www.gpo.gov]




       NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2015

  Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 360) 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. 360

       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 2015''.
       (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.

[[Page 3993]]

         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 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 2015 through 2019''.

     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:

[[Page 3994]]



     ``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 2016 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 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 2015 through 2019.''; and
       (2) in subparagraph (C)--
       (A) by striking ``2008 through 2012'' and inserting ``2015 
     through 2019''; 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 2015''.

     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

[[Page 3995]]

     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 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

[[Page 3996]]

     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 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.

[[Page 3997]]

``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 may 
have 5 legislative days in which to revise and extend their remarks and 
to add extraneous material on this bill.
  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.
  We are here today to support H.R. 360, the Native American Housing 
Assistance and Self-Determination Reauthorization Act.
  This is truly a bipartisan bill. It has been over 2 years in the 
making. Beginning in early 2013, Don Young and Tom Cole, who are both 
Republicans, joined with me and Democrats Gwen Moore, Denny Heck, Dan 
Kildee, Tulsi Gabbard, and a host of others from the Democrat side to 
make a bill that truly works across both aisles and that is widely 
supported by tribes.
  Transformational in its opportunities for Native Americans, it has 
been widely recognized by those tribes. Most importantly, it is a bill 
for which we can come together and all be proud of cosponsoring. The 
legislation before us is just that; it shows that colleagues, 
regardless of political affiliation, can come together and get the job 
done.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
  I have said so many times that this has taken a tremendous amount of 
work and team effort and good will to get us to the place at which we 
are today. I want to thank all of our cosponsors. It really has been a 
heavy lift, and I can tell you how appreciative I am.
  It has been so wonderful working with Mr. Pearce. He has just been 
levelheaded and calm all the way. Of course, with regard to Mr. Cole, 
Mr. Heck, Mr. Kildee, Mr. Pearce, and Mr. Young, we have all worked so 
closely together for 2 years to craft this bipartisan legislation.
  I need to also recognize the leadership role of our ranking member, 
Ms. Waters. She has had a few concerns, but she has been engaging and 
constructive.
  The National Congress of American Indians, the National American 
Indian Housing Council, and many individual tribes from all across the 
country have provided comments, education, and energy every step of the 
way.
  I think that this legislation, Mr. Speaker, honors the trust 
relationship of the United States Government, and it respects tribal 
sovereignty of the nations of the First People, but I don't want to 
make short shrift of the concerns that have been raised.
  For example, I wish we could have provided more funding, given the 
dire need. However, this legislation is the product of a truly 
bipartisan process. It is not that all of us agree 100 percent on every 
provision, but we keep talking, and we keep working, and we have done 
that until we have come up with a bill that may not be perfect but that 
serves the people for whom it is intended, and it is very good for 
tribal communities.
  The need for affordable housing in Indian Country just cannot be 
understated. Some of the poorest and most remote communities in this 
country are Native American communities.
  In fact, the three poorest communities in the United States of 
America are Native American. NAHASDA provides tribal governments the 
ability to provide safe and affordable housing to tribal communities 
that is consistent with their status as sovereigns.
  A few improvements that I would like to highlight are that it 
expedites certain Federal approvals. It makes all native people 
eligible for NAHASDA funds. It preserves provisions protecting Cherokee 
Freedmen.
  Expediting approval ends administrative duplication and delays, 
approval which is essential due to unique timing and building 
challenges on reservations.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1615

  Mr. PEARCE. Mr. Speaker, I would like to join with Ms. Moore in 
recognizing the actions of Ms. Waters, the ranking member, truly, truly 
asking the questions that needed to be asked, but then finally 
reconciling on some of those issues. Also, the chairman, Chairman 
Hensarling, has been in the same position, and Leader McCarthy bringing 
this bill to the floor as he has, I would like to express that.
  I yield such time as he may consume to the gentleman from Oklahoma 
(Mr. Cole).
  Mr. COLE. Mr. Speaker, I thank the gentleman for yielding.
  It is very important when we look at this extremely significant piece 
of legislation to recognize, as my good friend from Wisconsin said, 
this is a trust obligation of the United States Government. This isn't 
a housing handout. This isn't some special deal. This is something, an 
obligation that we assumed in negotiation with tribes over many 
decades, many different situations. If people are living in Indian 
Country, particularly on reservations, and don't have adequate housing, 
the Federal Government has a responsibility to do something about it, 
something we have recognized since the 1960s, something, as my friend 
Mr. Pearce said, we institutionalized in 1996.
  This has been a good program for a long time. It has been a block 
grant program, which has empowered tribes. One of the things I love 
about this legislation is, in a bipartisan sense, we continue to do 
that. We provide a lot more flexibility for tribes to actually control 
their own affairs, meet their own needs.
  As Ms. Moore suggests, we all wish the sum could be more. $650 
million is a lot of money, but spread across a population of almost 
three million individuals and over 57 million acres, an area of land 
about the size of Wyoming, it is maybe not as much as we would like, 
particularly given the severe needs, but it is a good faith effort, and 
it is appropriate given the difficult financial times we are in.
  Again, we have had tremendous support across Indian Country. As both 
speakers previously mentioned, National Congress of American Indians, 
particularly the National American Indian Housing Council, has worked 
hand-in-glove with Members on both sides of the aisle to build this 
program.
  My friends were very fulsome in their praise for various Members, and 
I wouldn't disagree with anybody they mentioned, but I have got to 
hold, particularly, Mr. Pearce up not only for his tremendous work on 
this, Ms. Moore as well, but for their persistence in this. They 
brought this legislation to the floor in the last Congress, having 
worked out the difficulties, formed a bipartisan compromise and

[[Page 3998]]

coalition and, frankly, brought their leaders along with them, I think, 
educating their respective leaders in the process. We got that through 
the House last time on a bipartisan basis. The Senate wasn't able to 
act, and I am very pleased to see that they have come back again this 
quickly in the session. Hopefully we will have a little bit better 
response on the other side. I don't think there was any opposition; 
they just didn't get it done in the press of business toward the end of 
the year. They are going to have plenty of time to do that.
  This is an excellent piece of legislation. As my friends have both 
suggested, it is an example of how well we can work together when we 
focus on the problems instead of sometimes the partisan and 
philosophical divisions that separate us. I reflect, as I am looking 
here on the floor, that I usually like to think of myself as a 
rightwing conservative Republican, but I can't get to the right of my 
friend Mr. Pearce, as hard as I try; and my friend Ms. Moore--we have 
worked together on TRIO programs, on violence against women, now on 
this--is certainly well to the left of me on a lot of issues. So 
anything that can bring the three of us together is pretty inclusive in 
this body, and you won't have much excuse.
  I am particularly pleased to see my friend Mr. Kildee on the floor, 
who continues a family tradition of working in the forefront of Native 
American issues.
  It is a good piece of legislation. It has been worked on hard by 
people that really know what they are doing. They brought the body 
along. So I certainly urge its passage and again want to congratulate, 
particularly, Mr. Pearce and Ms. Moore for their absolutely stellar 
work in this case. It would not have happened without their efforts.
  Ms. MOORE. Mr. Speaker, it is so wonderful always to work with Mr. 
Cole.
  I yield such time as he may consume to the gentleman from Michigan 
(Mr. Kildee).
  Mr. KILDEE. Mr. Speaker, I want to thank my friend Ms. Moore for 
yielding and for her leadership on this very important issue. I also 
thank Mr. Pearce, Mr. Young, Mr. Cole on the other side, as well as Ms. 
Gabbard, whom I have worked with on this legislation, along with Mr. 
Heck and, now, Mr. Takai.
  I think what this legislation proves is that when we set out to solve 
a problem and focus on the things that we can agree upon, we can get a 
lot done. This is a good bill. It is not the bill that any one of us 
individually would have written had we been left alone to produce this 
legislation with only our own perspectives and our own interests. It is 
a bill that is a result of compromise.
  There are elements of this legislation, Mr. Speaker, that I would 
prefer not have been included; and I am sure Mr. Pearce and others are 
aware that I would have preferred that the pilot program that allows 
for a form of privatization, a direct grant to private developers, not 
be included. I would prefer that the entirety of the funds be used 
specifically to empower tribes, and tribes alone, to determine the use 
of the dollars. After all, they have had the ability to make those 
decisions and enter into agreements with private individuals as well.
  I only say that to make sure that the Record is clear and that I 
state my objection to that particular portion, but to help point out a 
larger, I think, more important point. I am sure Mr. Pearce, Mr. Cole, 
and Mr. Young could find sections, provisions, of this legislation that 
they would prefer to excise or maybe something that they would have 
preferred to have included that they were not able to get in the bill; 
but because the focus here, from the very beginning, in the last 
Congress and again in this one, as Mr. Cole said, is that we have an 
obligation to live up to our trust responsibilities to this Nation's 
first people, that trust responsibility comes ahead of whatever 
differences we might have on specific policy approaches.
  Since we took that approach--and Mr. Pearce and Ms. Moore both 
deserve great credit for being able to put aside the differences that 
they had--we were able to get this legislation to the floor with what I 
think is enormous support within the House of Representatives. It is a 
testament to our recognition of that trust obligation, and it is 
something that I am very pleased to carry on. As was stated, my uncle 
worked on these issues, and I know that he would be proud to see us 
working together to continue to live up to that important trust 
obligation.
  Mr. Speaker, I will be supporting this legislation. I thank all my 
colleagues for their work on this.
  Ms. MOORE. Mr. Speaker, how much time do I have remaining?
  The SPEAKER pro tempore. The gentlewoman from Wisconsin has 15 
minutes remaining.
  Ms. MOORE. Mr. Speaker, I just want to let Mr. Pearce know I have two 
more speakers, and then I will be prepared to close.
  Mr. PEARCE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I would like to thank Ms. Waters 
and especially the chairman, Mr. Pearce, for this legislation. It is 
something that we have worked on together with Tom Cole, many in this 
room. I would like to thank the Hawaiian delegation. It has always been 
an honor and a pleasure to work with the Hawaiian delegation with 
Alaska. They are two noncontiguous States, and we work well together 
and we will continue to do that.
  Mr. Kildee, I thank you for your uncle; he and I were dear friends 
and worked together on a lot of issues. I always respected that. I 
would like to thank the staff. Let's all not kid ourselves; the staffs 
of all our offices really put this together with our little bit of 
advice. Alex has worked very hard on my side, and I know your side has 
worked really well. That is a classic example, when staffs are willing 
to work together with the Members, Members are willing to work 
together, we can accomplish these goals.
  This is just not a bipartisan piece of legislation. This is 
legislation that is needed by American Indians, Alaska Natives. It has 
worked well, and I am hoping--I have talked to the Senators on the 
other side--that in reality we will get this legislation passed very 
quickly. This is a win-win situation for all of us, so I think we 
should take great honor and recognize what has been, will be done here 
today, and accomplish a goal that many times is not achieved.
  So again, I, with great feelings, thank each Member that has been 
involved in this, especially for the first people of America.
  Ms. MOORE. Mr. Speaker, I can tell you that Mr. Young from Alaska has 
really made a very important point to have thanked our staffs. I was 
remiss in not doing that. So I would like to add my voice to those 
Members who really, really appreciate the hard work that our staffs 
provide.
  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from Hawaii (Ms. Gabbard).
  Ms. GABBARD. Mr. Speaker, I am rising in strong support of H.R. 360 
today.
  Since 1996, this legislation has been authorized twice, both times 
with broad bipartisan support in both Chambers of Congress. Since its 
enactment, this legislation has strengthened indigenous self-
determination by empowering Native nations, by assisting with 
affordable housing needs.
  In my home State of Hawaii, it has increased home ownership among 
Native Hawaiians by more than 2 percent, bringing hope to many people 
who are living paycheck to paycheck. At the same time, we are seeing 
poverty and public assistance have decreased. Today more Native 
Hawaiians are likely to be employed in professional or managerial 
occupations than in the past, and life expectancy has increased by 
almost 3 years. This legislation makes a difference to real families.
  One of these families is Francis Paaluhi and her sisters who live in 
Nanakuli. They inherited a home from their parents, who passed away, 
which was built in the 1940s and was in dire need of repairs. There 
were large holes in the roof and floors; bedroom walls were buckling; 
broken windows covered with tarps. The Paaluhi sisters did not

[[Page 3999]]

have the means to pay for the needed repairs, and they couldn't afford 
a new home. They also didn't qualify for an FHA loan or any other loan. 
The Department of Hawaiian Homelands made a grant available because of 
this legislation for $15,000. Just $15,000 gave this family the ability 
to make a down payment with assistance from a low-interest USDA 
construction loan. They were able to build a structurally safe and 
comfortable home for them and their children to live.
  This is just one example of the many families whose lives have been 
directly impacted and changed because of this legislation. It is an 
important step toward removing roadblocks to economic success, not only 
in Hawaii but in Native communities across the country, and it 
reaffirms the House's longstanding commitment to tribal sovereignty and 
self-determination.
  Like all those who spoke before me, I would like to thank my 
colleague Representative Pearce for introducing this bill, for his 
persistence and leadership continuously in bringing this about; 
Representative Moore for leading the charge courageously on our side of 
the aisle; Ranking Member Waters for continuing to move this bill 
forward; also, my long-time colleague and friend from Alaska, 
Representative Young; and my colleague Dan Kildee, all of whom worked 
very hard on this legislation. I urge my colleagues to join this 
bipartisan coalition in supporting the passage of H.R. 360.
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
  As I go through my district, there are many who wonder why do we have 
a bill like this. Frankly, it is a treaty responsibility. The 
responsibility has been signed between the Native Americans and the 
Federal Government saying that we have a trust responsibility to them.
  As I travelled around the reservations in my district, I began to be 
aware of a circumstance that I had not previously been aware of: houses 
that were maybe several hundred years old, people still living in 
those. There is one area with no sewer at all. There are cardboard 
shacks, people living in situations that they should not be living in 
today.

                              {time}  1630

  Those things exist. The legislation in front of us today doesn't 
change the responsibility of the government. It doesn't increase the 
amount of the dollars flowing to it. It simply tries to make the 
process a little more streamlined.
  I would like to acknowledge that HUD, at one point, was rigorously 
opposing the transparency, rigorously opposing those reforms that we 
were putting into their systems. They had duplications of processes 
that would literally take years in order to get approval to build 
houses, and we simply said it does not have to be that way.
  A second thing struck me. I watched my family grow out of abject 
poverty into a home ownership culture. Our first home that we purchased 
was $800, and then we moved up to a $1,500 home. Finally, we thought we 
really had arrived when we got to the $2,500 home, and then a $15,000, 
5-acre property.
  And so the pilot project that Mr. Kildee--and he has had great 
discussions with me--but the pilot project is inserted into the bill in 
order to facilitate allowing Native Americans to own their own homes on 
the reservations. It has been very difficult up to now. We addressed 
those problems which have created a culture of poverty through the 
years.
  So, even though we might have a different view on how to get there, 
we do not, as Democrats and Republicans, disagree on the fact that 
prosperity will begin with home ownership. And this pilot project in 
here--completely voluntary--allows people to move directly into home 
ownership. It allows the Native American tribes to start to encourage 
home ownership on the reservations in order to preserve the cultures 
there.
  The reforms that we have put in for the Native Americans themselves 
were extremely important. Some of the processes have worked very badly. 
I have had extraordinarily frank conversations with Native Americans 
across the country, talking about the need to move to more transparent 
processes--to processes that make sure the money gets into the homes 
where they are building them.
  And so that is the purpose of this legislation. I, again, commend 
Congresswoman Moore because she and I really started the process. And 
then Denny Heck, Dan Kildee, Don Young, and Tom Cole were all sitting 
there, and we chipped away at it from each side. We got the reforms in. 
We got the wording in that would allow Indian tribes across the country 
to feel like they are participating in this.
  It is a very difficult process--again, a 3-year process--and I am 
proud of the legislation we are bringing to the floor today and proud 
of the efforts on behalf of each one of the people who have been 
involved here.
  I reserve the balance of my time.
  Ms. MOORE. Mr. Speaker, at this time I am pleased to yield such time 
as he may consume to my good friend from Hawaii (Mr. Takai).
  Mr. TAKAI. Mr. Speaker, today, I stand in support of H.R. 360, the 
Native American Housing Assistance and Self-Determination 
Reauthorization Act of 2015.
  This legislation reaffirms the United States trust responsibility to 
American Indian and Alaska Native nations and provides necessary tools 
to the native people of our country for sustainable solutions to 
poverty that often plague their communities.
  I would also like to thank Chairman Pearce; Ranking Member Waters; 
Mr. Young; Ms. Moore; Mr. Kildee; the senior Member from Hawaii, Ms. 
Gabbard; and the numerous other congressional Members who have fought 
for years to reauthorize NAHASDA, and thank them for also including 
support to Native Hawaiian housing organizations, which provide 
adequate housing to descendants of Hawaii's indigenous people.
  NAHASDA's reauthorization does not merely provide funding for 
adequate housing programs, it also provides vital resources to foster 
the indigenous cultures of our great Nation, which faced near 
extinction during the atrocities committed to expand our Nation and the 
Federal assimilation policies of the 20th century.
  For some indigenous people, living on their aboriginal lands is a 
vital part of preserving and living their culture. Unfortunately, 
Hawaii has one of the highest costs of living in the Nation, so support 
through NAHASDA is essential to Native Hawaiian families who wish to 
remain on their ancestral lands but face the ever growing price of 
homes, land, utilities, and food. So many families who have lived in 
Hawaii for generations upon generations are now moving out of our State 
because of the cost of living.
  I hope my colleagues understand not only the vital importance of 
adequate housing for the less fortunate among Native communities, but 
also its vital importance for fostering the indigenous cultures of our 
democracy. This diversity of culture is what makes our Nation great.
  So, please join me in supporting this measure.
  Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
  I am so happy that the Hawaiian and Alaskan contingencies have 
commented on this. I think it is important that this bill include all 
native people.
  I am so happy that the Senate is now working on a version of NAHASDA 
that is similar, and I hope that we will all be able to quickly 
reconcile our differences and get a reauthorization to the President's 
desk. I look forward to him signing H.R. 360 into law.
  With that, Mr. Speaker, I yield back the balance of my time.
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
  At one point, Chairman Hensarling earlier in the process said he was 
not wildly ecstatic about the bill coming before his committee if 100 
years from now Native Americans were going to be in the same 
circumstance they were in today. So, again, that was one of the 
elements of trying to find and facilitate home ownership among Native 
Americans so they could begin their growth towards prosperity.

[[Page 4000]]

  When Indian tribes see this bill, they say: If you can actually get 
that through, if you can actually get both sides to agree on it, it 
will be transformational. Well, that is what I came here to do. I came 
here to be a part of things that transform the way that we approach 
different programs, not to just drift along and reauthorize. And so it 
is with that backdrop that we began to construct the bill.
  Again, I would like to thank Ranking Member Waters for her support. I 
would like to thank Chairman Hensarling and Leader McCarthy for their 
support. I especially would like to thank my friends on the other side 
of the aisle for working through the very difficult discussions so that 
we are able to find a bill that does reach market efficiencies, does 
make the government more effective and efficient, that does do things 
that both political parties want to achieve.
  We all want to achieve the same things. We approach it from a 
different point of view. So I can't say enough to my friends on the 
other side of the aisle: Thank you very much for your hard work and 
dedication.
  With that, Mr. Speaker, I recommend and request that everyone support 
this bill, and I yield back the balance of my time.
  Ms. MAXINE WATERS of California. 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 in a way that is tailored to 
address their unique housing needs, while respecting their right to 
self-determination. These groups experience some of the poorest housing 
conditions in our country so it is very important that we reauthorize 
the programs within NAHASDA.
  As a supporter of the reauthorization of NAHASDA, I did not object to 
the bill before us today moving forward under suspension.
  However, as I have pointed out in the past, this bill fails to ensure 
certain basic protections for the communities that rely on NAHASDA--and 
as a result--I will oppose this measure.
  Despite my repeated objections, Republicans have refused to include a 
provision in this bill that offers protections for the Cherokee 
Freedmen. As many people know, the Cherokee Freedmen are the 
descendants of former African American slaves of the Cherokee, who are 
facing possible expulsion by the Cherokee nation.
  For the past several years, under the leadership of former Members 
including Carolyn Kilpatrick and Mel Watt, the Congressional Black 
Caucus has stood up for the rights of the Cherokee Freedmen. But 
Republicans have consistently refused to acknowledge this tragic 
history and do something to bring justice to this situation. And this 
bill is no exception. During the Committee markup, they rejected my 
amendment, which would have made NAHASDA funding to the Cherokee 
contingent on full recognition of the Freedmen as citizens of the 
Cherokee Nation.
  My position on this issue remains steadfast, and I cannot support 
continued silence in the face of such injustice. That is why I will not 
support this bill unless it grants the Freedmen the justice they 
deserve.
  I am also withholding my support from this bill because it contains a 
provision that would seriously undercut the central goal of providing 
affordable housing for low-income Native Americans. This bill would 
waive a long-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.
  The Brooke Rule is a basic safeguard that exists in the public 
housing and Section 8 programs. It ensures that federally subsidized 
housing is affordable for the lowest-income households. By stripping 
away this basic safeguard, this bill would make low-income Native 
Americans vulnerable to unlimited increases in rent without any kind of 
hardship exemptions in place.
  This is simply unacceptable. It is a basic purpose of NAHASDA to 
provide housing for low-income Native Americans, and this provision 
would seriously undermine that purpose. Republicans may not be 
concerned about the plight of the lowest-income Native Americans who 
rely on NAHASDA programs, but they are at the top of my concerns when 
it comes to this bill.
  Mr. Speaker, I would like to sincerely thank Ms. Moore, Mr. Heck and 
Mr. Kildee for their efforts to reach a bipartisan agreement on this 
bill. However, I cannot support this reauthorization bill in its 
current form for all of the reasons I have stated.
  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. 360, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PALMER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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