[House Report 110-295]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-295
======================================================================
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2007
_______
August 3, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Frank of Massachusetts, from the Committee on Financial Services,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2786]
[Including cost estimate of the Congressional Budget Office]
The Committee on Financial Services, to whom was referred the
bill (H.R. 2786) to reauthorize the programs for housing
assistance for Native Americans, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Performance Goals and Objectives................................. 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 7
Earmark Identification........................................... 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
Additional Views................................................. 18
Purpose and Summary
H.R. 2786, the Native American Housing Assistance Self
Determination Reauthorization Act of 2007, reauthorizes the
Native American Housing Assistance Self Determination Act
(NAHASDA) of 1996 for five years and amends the law to address
housing needs in Indian Country.
The bill clarifies rules and regulations that apply to
NAHASDA to remove regulatory burdens and make it easier for
tribes to execute their Indian Housing Plans pursuant to
NAHASDA. The bill also attempts to encourage tribes to
participate in low income housing tax credit projects and the
Title VI loan guarantee program, and to compete for HOME funds.
The bill also creates a self- determination housing program to
allow tribes to make independent decisions regarding the use of
a portion of their NAHASDA grant to acquire, rehabilitate, and
construct housing.
Background and Need for Legislation
NAHASDA was signed into law in 1996, and was reauthorized
in 2002 for five years. NAHASDA reorganized and simplified the
Department of Housing and Urban Development's (HUD) system of
housing assistance to American Indians and Alaska Natives by
eliminating several separate HUD programs and replacing them
with a single block grant program made directly to tribes. The
purpose of NAHASDA is to provide Federal assistance for Indian
tribes in a manner that recognizes the right of tribal self-
governance.
Through the amendments made to the Act under this bill, the
Committee seeks to confirm the right of tribal self-governance
and to reduce regulatory burdens on tribes in connection with
the execution of their Indian Housing Plans pursuant to
NAHASDA.
The Committee recognizes the desire of tribes to have
reduced oversight and burdensome regulations, and more self-
determination in regard to the use of NAHASDA grant funds. The
Committee addresses this desire by including a provision in the
bill to provide for a self-determination housing program
whereby tribes may use up to 15 percent (capped at $1 million)
of their annual NAHASDA grant for self-determined housing
activities, which housing activities will not require approval
nor be subject to annual oversight, but will be subject to
oversight in year four prior to any future reauthorization of
the program. It is the desire of the Committee that this
program be used to benefit low-income housing needs in Indian
Country, specifically the acquisition, rehabilitation, and
construction of such housing.
The Committee also recognizes the need for economic
development and infrastructure in conjunction with successful
affordable housing developments. The Committee will work on
separate legislation to address economic development and
infrastructure in conjunction with the acquisition,
rehabilitation, and construction of affordable housing in
Indian Country.
Hearings
The Subcommittee on Housing and Community Opportunity held
a hearing entitled ``Reauthorization of the Native American
Housing Assistance and Self-Determination Act'' on June 6,
2007. The following witnesses testified:
Panel One:
The Honorable Orlando J. Cabrera, Assistant
Secretary for Public and Indian Housing, U.S. Department of
Housing and Urban Development
Panel Two:
Ms. Cheryl Parish, Vice Chairwoman, National
American Indian Housing Council
Ms. Sami Jo Difuntorum, Executive Director, Karuk
Tribe Housing Authority
Ms. Aneva J. Yazzie, Chief Executive Officer,
Navajo Housing Authority
Mr. Wendsler Nosie, Sr., Chairman, San Carlos
Apache Tribe
Ms. Jacqueline L. Johnson, Executive Director,
National Congress of American Indians
Mr. Mark Chino, President, Mescalero Apache Tribe
Committee Consideration
The Committee on Financial Services met in open session on
June 26, 2007, and ordered H.R. 2786, Native American Housing
Assistance and Self-Determination Act of 2007, reported by a
voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. No
record votes were taken with in conjunction with the
consideration of this legislation. A motion by Mr. Frank to
report the bill to the House with a favorable recommendation
was agreed to by a voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
H.R. 2786, the Native American Housing Assistance Self
Determination Reauthorization Act of 2007, reauthorizes NAHASDA
for five years through 2012, and amends the law to address
housing needs in Indian Country with the goal to provide
affordable housing in Indian Country.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 29, 2007.
Hon. Barney Frank,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2786, the Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Chad Chirico.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 2786--Native American Housing Assistance and Self-Determination
Reauthorization Act of 2007
Summary: H.R. 2786 would reauthorize the Native American
and Native Hawaiian Block Grant programs and would authorize
the appropriation of such sums as necessary for those programs
for each of fiscal years 2008 through 2012. In addition, the
bill would reauthorize the loan program under Title VI of the
Native American Housing Assistance and Self-Determination Act
of 1996 for fiscal years 2008 through 2012.
CBO estimates that appropriation of the amounts necessary
to implement H.R. 2786 would cost $2.2 billion over the 2008-
2012 period. Enacting H.R. 2786 would not affect direct
spending or revenues.
H.R. 2786 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
any costs to state, local, and tribal governments would be
incurred voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2786 is shown in the following table.
The costs of this legislation fall within budget function 600
(income security).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority\1\............................. 633 0 0 0 0 0
Estimated Outlays............................... 597 383 266 185 111 46
Proposed Changes:
Native American Housing Block Grants:
Estimated Authorization Level............... 0 634 645 657 669 680
Estimated Outlays........................... 0 231 362 459 541 616
Title VI Loan Guarantees:
Estimated Authorization Level............... 0 2 2 2 2 2
Estimated Outlays........................... 0 2 2 2 2 2
Training and Technical Assistance:
Estimated Authorization Level............... 0 1 1 1 1 1
Estimated Outlays........................... 0 1 1 1 1 1
Native Hawaiian Housing Block Grants:
Estimated Authorization Level............... 0 9 9 10 10 10
Estimated Outlays........................... 0 1 3 5 7 9
Total Changes:
Estimated Authorization Level........... 0 646 657 670 682 694
Estimated Outlays....................... 0 235 368 467 550 628
Spending Under H.R. 2786 for Native American Housing
Programs:
Estimated Authorization Level\1\................ 633 646 657 670 682 694
Estimated Outlays............................... 597 619 634 652 662 674
----------------------------------------------------------------------------------------------------------------
\1\The 2007 level is the amount appropriated in that year for Native American Housing Block Grants, Title VI
Loan Guarantees, and Native Hawaiian Housing Block Grants.
Basis of Estimate: CBO estimates that implementing H.R.
2786 would cost $2.2 billion over the next five years, assuming
the appropriation of the necessary funds. For this estimate,
CBO assumes that the bill will be enacted near the start of
fiscal year 2008 and that appropriated funds will be spent at
historical rates for the affected programs.
Native American Housing Block Grants
Section 2 would authorize the appropriation of such sums as
necessary for the Native American Housing Block Grant program
from 2008 through 2012. The block grant program provides
funding to tribes to acquire, construct, rehabilitate, or
manage affordable housing for low-income Native American
families. In 2007, $622 million was appropriated for this
program. Assuming continued appropriations at that level and
adjusting for anticipated inflation, CBO estimates that
implementing this section would cost $2.2 billon over the 2008-
2012 period.
Title VI loan guarantees
Section 6 would extend the authorization of the Title VI
loan guarantee program through 2012. Such guarantees allow
Native American Block Grant recipients to leverage their
funding by pledging future grants as security for the repayment
of a loan. A private lender provides the financing and the
Department of Housing and Urban Development (HUD) provides a 95
percent guarantee of the principal and interest due in the case
of a default. The size of the Title VI loans can be no larger
than five times the grant recipient's annual grant amount. HUD
estimates this program currently has a subsidy rate of about 12
percent. In 2007, the program received an appropriation for
subsidy costs of $2 million, which will support about $17
million in loans. Assuming appropriation of similar amounts,
CBO estimates that implementing this section would cost $11
million in additional subsidy costs through 2012.
There have been few losses to date in the Title VI program;
however, repayment of these loans have been funded by federal
grants. As a result, the actual cost to the government is borne
by the grant program. It is uncertain what the cost of these
loans would be in the absence of the grant program, but it
likely would be higher, perhaps substantially.
Training and technical assistance
Section 7 would authorize the appropriation of such sums as
necessary for the 2008-2012 period to fund a national
organization representing the housing interests of Native
Americans to provide training and technical assistance to
Indian housing authorities. Such assistance is intended to
build the housing authorities' capacity to administer housing
programs in accordance with federal regulations. In 2006, the
most recent year in which funds were provided, $1 million was
appropriated to be used by the National American Indian Housing
Council for these purposes. Assuming appropriation of similar
amounts, CBO estimates that implementing this section would
cost $5 million through 2012.
Native Hawaiian Housing Block Grants
Section 8 would authorize the appropriation of such sums as
necessary for the Native Hawaiian Housing Block Grant program
from 2008 through 2012. Program grants are used to develop,
maintain, and operate affordable housing for low-income Native
Hawaiian families through the Department of Hawaiian Home
Lands. In 2007, $9 million was appropriated for this program.
Assuming continued appropriations at that level and adjusting
for anticipated inflation, CBO estimates that implementing this
section would cost about $25 million through 2012.
Intergovernmental and private-sector impact: H.R. 2786
contains no intergovernmental or private-sector mandates as
defined in UMRA. Grants authorized in the bill would benefit
the state of Hawaii and tribal governments that participate in
housing assistance programs. Any costs to those governments of
complying with grant conditions would be incurred voluntarily.
Estimate prepared by: Federal costs: Chad Chirico; Impact
on state, local, and tribal governments: Lisa Ramirez-Branum;
Impact on the private sector: Peter Richmond.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional Authority of Congress to enact this legislation
is provided by Article 1, section 8, clause 1 (relating to the
general welfare of the United States) and clause 3 (relating to
the power to regulate interstate commerce).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Earmark Identification
H.R. 2786 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Section-By-Section Analysis of the Legislation
Section 1. The short title is the ``Native American Housing Assistance
and Self-Determination Reauthorization Act of 2007''
Section 2. Indian Housing Block Grant reauthorization and amendments
This section authorizes sums as necessary for the Indian
Housing Block Grant for five years. In 2006 and 2007 the block
grant was $624 million (which is divided among more than 550
tribes by formula). The President's 2008 budget requests $627
million for the block grant.
The section makes the following amendments to NAHASDA:
Federal Supply Sources--The purpose of this
amendment is to make Federal supply sources through the GSA
more accessible to tribes--for example, allowing tribes and
TDHEs (tribally designated housing entities) to receive
government discounts when traveling for housing business.
Tribal Preference in Employment and Contracting--
The purpose of this amendment is to expressly recognize tribal
preference (pursuant to tribal law), in addition to Indian
preference (which is already in statute), in hiring and
contracting for NAHASDA activities.
Program Income--The purpose of this amendment is
to exclude from NAHASDA program income the development fee paid
to tribes in connection with a low income housing tax credit
project.
Essential Families--This amendment permits tribes
and TDHEs to provide housing or housing assistance through
NAHASDA to any family determined to be essential to the well
being of the community--Indian or non-Indian families. An
example of an essential family is a doctor in a very rural area
where other housing is not available.
Eligibility of Local Law Enforcement Officers--
This amendment adds ``local'' law enforcement as an eligible
family for NAHASDA funding. Currently the reference is to
``county'' which in some cases is not sufficient to cover all
law enforcement officers that serve Indian Country.
Operation and Maintenance Costs--The amendment
expressly provides that the NAHASDA grant may be used to
support operational costs of units built with NAHASDA funds,
such as rental assistance. In practice this already happens.
Reserve Accounts--The amendment allows tribes to
establish a reserve account up to 20 percent of their NAHASDA
grant. It must be invested pursuant to NAHASDA requirements and
any interest income is considered NAHASDA program income. The
use of the funds is subject to the tribes housing plan approved
by HUD.
Use of Grant Amounts over Extended Periods
(Carryover)--The amendment expressly permits a tribe to carry
over its NAHASDA grant from year to year. In practice this
already happens. Carry-over funds are subject to a tribe's
housing plan approved by HUD.
De Minimis Exemption for Procurement--This
amendment eliminates the competitive procurement rules and
procedures for purchases of goods and services under $5,000.
(Tribes will no longer have to obtain a competitive bid for a
$20 hammer.)
Availability of Records (Criminal background
checks)--Tribes and TDHEs may currently obtain a criminal
background check on tenants. This amendment expands the check
to applicants for employment for work with a TDHE or doing
housing-related work for a tribe.
Section 3. Self-determined housing activities for tribal communities
This section creates a self-determination program whereby
tribes may set aside 15 percent of their NAHASDA grant, up to
$1 million, for housing activities that are not approved or
directly regulated by HUD. In 2011, HUD will conduct a review
of the program based on results and report to Congress. Tribes
are prohibited from using the money for infrastructure,
commercial and economic development, and operating costs.
Section 4. HOME
This section provides that NAHASDA does not prohibit tribes
from competing for HOME funds; and allows tribes to more freely
compete for HOME funds. It clarifies that a state may not
prohibit such competition for HOME funds based on NAHASDA.
Section 5. GAO study of NAHASDA
Requires GAO to study the effectiveness of NAHASDA for
tribes of different sizes; specifically with respect to smaller
tribes for which grants of lesser or minimum amounts have been
made under the Act. GAO must report to Congress in 12 months
and make recommendations regarding any appropriate changes to
NAHASDA derived from the study.
Section 6. Title VI loan guarantees education program and
reauthorization of the loan guarantee program
This section requires HUD to conduct educational seminars
with tribes on how to utilize the loan guarantee program
authorized under Title VI and reauthorizes sums as necessary
for the Title VI loan guarantee program for five years. Under
the Title VI loan guarantee program, tribes can use future
NAHASDA grants as collateral to obtain loans for housing
activities.
Section 7. Title VII training and technical assistance reauthorization
This section reauthorizes sums as necessary for a national
organization that represents the housing needs of tribes to
provide training and technical assistance to tribes regarding
housing.
Section 8. Title VIII Native Hawaiian block grant reauthorization
This section reauthorizes sums as necessary for the housing
assistance program and block grant for Native Hawaiians for
five years. It makes no program changes. The Native Hawaiian
block grant was $9 million in 2006 and 2007. The President's
budget requests $6 million for 2008.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title.
* * * * * * *
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
* * * * * * *
Subtitle B--Self-Determined Housing Activities for Tribal Communities
Sec. 231. Purposes.
Sec. 232. Authority.
Sec. 233. Use of amounts for housing activities.
Sec. 234. Inapplicability of other provisions.
Sec. 235. Review and report.
* * * * * * *
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
* * * * * * *
Sec. 509. Effect on HOME Investment Partnerships Act.
* * * * * * *
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
(a) Authority.--For each fiscal year, the Secretary shall (to
the extent amounts are made available to carry out this Act)
make grants under this section on behalf of Indian tribes to
carry out affordable housing activities under subtitle A of
title II and to carry out self-determined housing activities
for tribal communities programs under subtitle B of such title.
Under such a grant on behalf of an Indian tribe, the Secretary
shall provide the grant amounts for the tribe directly to the
recipient for the tribe.
* * * * * * *
(g) Use for Affordable Housing Activities Under Plan.--Except
as provided in subsection (h) of this section and subtitle B of
title II, amounts provided under a grant under this section may
be used only for affordable housing activities under title II
that are consistent with an Indian housing plan approved under
section 103.
* * * * * * *
(j) Federal Supply Sources.--For purposes of section 501 of
title 40, United States Code (relating to services for
executive agencies), an Indian tribe or tribally designated
housing entity shall be considered to be an executive agency
when carrying out housing programs, services, functions and
activities under the tribe or tribally designated housing
entity, and its employees shall be eligible to have access to
such sources of supply on the same basis as employees of an
executive agency.
(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to any
grant made under this Act on behalf of an Indian tribe that is
intended to benefit one tribe, the tribal employment or
contract preference laws adopted by such tribe shall govern
with respect to the administration of the grant or portion of
the grant.
SEC. 102. INDIAN HOUSING PLANS.
(a) * * *
(b) 5-Year Plan.--Each housing plan under this section shall
be in a form prescribed by the Secretary and shall contain,
with respect to the 5-year period beginning with the fiscal
year for which the plan is submitted, the following
information:
(1) * * *
* * * * * * *
(4) Self-determined housing activities program.--A
statement of the manner in which the program for the
Indian tribe under subtitle B of title II will be
carried out and implemented, and an overview of the
benefits to the low-income community intended to be
achieved from activities to be undertaken during the
period pursuant to the program for the Indian tribe
under subtitle B of title II.
(c) 1-Year Plan.--A housing plan under this section for an
Indian tribe shall be in a form prescribed by the Secretary and
contain the following information relating to the upcoming
fiscal year for which the assistance under this Act is to be
made available:
(1) * * *
* * * * * * *
(3) Financial resources.--An operating budget for the
recipient, in a form prescribed by the Secretary, that
includes--
(A) an identification and a description of
the financial resources reasonably available to
the recipient to carry out the purposes of this
Act, including an explanation of the manner in
which amounts made available will leverage
additional resources and a description of any
amounts made available pursuant to a grant
under section 101 for the Indian tribe for any
preceding fiscal year which have not been, or
are not expected to be, obligated or expended
before the beginning of the fiscal year for
which the plan is submitted, including any
amounts in any reserve account established
pursuant to section 202(9); and
* * * * * * *
(7) Self-determined housing activities program.--A
statement of housing activities to be undertaken during
the period pursuant to the program for the Indian tribe
under subtitle B of title II and a description of the
benefit such activities will provide for the low-income
community.
* * * * * * *
SEC. 103. REVIEW OF PLANS.
(a) * * *
* * * * * * *
[(e) Effective Date.--This section and section 102 shall take
effect on the date provided by the Secretary pursuant to
section 106(a) to provide for timely submission and review of
Indian housing plans as necessary for the provision of
assistance under this Act in fiscal year 1998.]
(e) Self-Determined Activities Program.--Notwithstanding any
other provision of this section, the Secretary--
(1) shall review the information included in an
Indian housing plan pursuant to subsections (b)(4) and
(c)(7) only to determine whether such information is
included for purposes of compliance with the
requirement under section 232(b)(2); and
(2) may not approve or disapprove an Indian housing
plan based on the content of the particular benefits,
activities, and results included pursuant to such
subsections.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
(a) Program Income.--
(1) * * *
* * * * * * *
(4) Exclusion from program income of regular
developer's fees for low-income housing tax credit
projects.--Notwithstanding any other provision of the
Act, any income derived from a regular and customary
developer's fee for any project assisted with a low-
income housing tax credit under section 42 of the
Internal Revenue Code of 1986 that is initially funded
with grant funds provided under this Act, which fee is
approved by the State housing credit agency, shall not
be considered to be program income.
* * * * * * *
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under this
title such sums as may be necessary for each of [fiscal years
1998 through 2007] fiscal years 2008 through 2012. This section
shall take effect on the date of the enactment of this Act.
* * * * * * *
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
* * * * * * *
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
(a) * * *
(b) Eligible Families.--
(1) * * *
* * * * * * *
(3) [Non-indian families] Essential families.--
Notwithstanding paragraph (1), a recipient may provide
housing or housing assistance provided through
affordable housing activities assisted with grant
amounts under this Act for a [non-Indian] family on an
Indian reservation or other Indian area if the
recipient determines that the presence of the family
[on the Indian reservation or other Indian area] is
essential to the well-being of Indian families and the
need for housing for the family cannot reasonably be
met without such assistance.
(4) Law enforcement officers.--A recipient may
provide housing or housing assistance provided through
affordable housing activities assisted with grant
amounts under this Act for a law enforcement officer on
an Indian reservation or other Indian area, if--
(A) the officer--
(i) is employed on a full-time basis
by the Federal Government or a State,
county, [or], or other unit of local
government, or a lawfully recognized
tribal government; and
* * * * * * *
[(6)] (7) Exemption.--Title VI of the Civil Rights
Act of 1964 and title VIII of the Civil Rights Act of
1968 shall not apply to actions by federally recognized
tribes and the tribally designated housing entities of
those tribes under this Act.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Affordable housing activities under this title are
activities, in accordance with the requirements of this title,
to develop or to support affordable housing for rental or
homeownership, or to provide housing services with respect to
affordable housing, through the following activities:
(1) * * *
* * * * * * *
(4) Housing management services.--The provision of
management services for affordable housing, including
preparation of work specifications, loan processing,
inspections, tenant selection, management of tenant-
based rental assistance, operation and maintenance of
units developed with amounts provided under this Act,
and management of affordable housing projects.
* * * * * * *
(9) Reserve accounts.--The deposit of amounts,
including grant amounts under section 101, in a reserve
account established for an Indian tribe only for the
purpose of accumulating amounts for funding affordable
housing activities under this section in accordance
with the Indian housing plan for the tribe, except that
not more than 20 percent of any grant amounts under
section 101 on behalf of any Indian tribe for any
fiscal year may be used under this paragraph. Amounts
in such a reserve account may be invested only subject
to the same limitations applicable to grant amounts
under section 204(b). Any income resulting from amounts
in any such reserve account shall be considered to be
program income for purposes of this Act.
SEC. 203. PROGRAM REQUIREMENTS.
(a) * * *
* * * * * * *
(f) Use of Grant Amounts over Extended Periods.--To the
extent that the Indian housing plan for a tribe provides for
the use of amounts from a grant under section 101 over more
than one fiscal year or for affordable housing activities for
which such funds will be committed for use or expended in a
subsequent fiscal year, the Secretary may not require amounts
from such a grant to be used, or committed for use, any sooner
than so provided under such Indian housing plan.
(g) De Minimis Exemption for Procurement of Goods and
Services.--Notwithstanding any other provision of law, any
rules and procedures regarding competitive procurement
otherwise applicable to a recipient shall not apply to the
recipient in the case of procurement of goods and services
under $5,000 with grant amounts under this Act.
* * * * * * *
SEC. 208. AVAILABILITY OF RECORDS.
(a) Provision of Information.--Notwithstanding any other
provision of law, except as provided in subsection (b), the
National Crime Information Center, police departments, and
other law enforcement agencies shall, upon request, provide
information to Indian tribes or tribally designated housing
entities regarding the criminal conviction records of (1) adult
applicants for, or tenants of, housing assisted with grant
amounts provided to such tribe or entity under this Act for
purposes of applicant screening, lease enforcement, and
eviction, or (2) adult applicants for employment with the tribe
in positions relating to the tribe's activities under this Act
or its other housing-related activities or with the tribally
designated housing entity, for purposes of applicant screening.
* * * * * * *
Subtitle B--Self-Determined Housing Activities for Tribal Communities
SEC. 231. PURPOSES.
The purposes of this subtitle are to establish a self-
determined housing activities for the tribal communities
program to provide Indian tribes with the flexibility to use a
portion of the grant amounts under section 101 for the tribe in
manners that are wholly self-determined by the tribe for
housing activities involving construction, acquisition, or
rehabilitation of housing that will benefit the community
served by the tribe.
SEC. 232. AUTHORITY.
(a) In General.--Under the program under this subtitle, for
each of fiscal years 2008 through 2012, the recipient for each
qualifying Indian tribe may use the amounts specified in
subsection (c) in accordance with this subtitle.
(b) Qualifying Indian Tribes.--For purposes of this section,
the term ``qualifying Indian tribe'' means, with respect to a
fiscal year, an Indian tribe or tribally designated housing
entity that--
(1) a grant is made in behalf of under section 101;
(2) has complied with the requirements under
subsections (b)(4) and (c)(7) of section 102; and
(3) has no unresolved significant and material audit
findings or exceptions in the most recent annual audit
completed under chapter 75 of title 31, United States
Code (commonly known as the Single Audit Act), or in an
independent financial audit prepared in accordance with
generally accepted auditing principles.
(c) Amount.--With respect to a fiscal year and a recipient,
the amounts specified in this subsection are amounts from any
grant under section 101 for the recipient for the fiscal year,
as determined by the recipient, but in no case exceeding the
lesser of (1) 15 percent of the total grant amount for the
recipient for such fiscal year, or (2) $1,000,000.
SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.
(a) Eligible Housing Activities.--Any amounts made available
for use under this subtitle by a recipient for an Indian tribe
shall be used only for housing activities, as selected at the
discretion of the recipient and set forth in the Indian housing
plan for the tribe pursuant to section 102(c)(7), for the
construction, acquisition or rehabilitation of housing that
provide a benefit to families described in section 201(b)(1).
(b) Prohibition on Certain Activities.--Amounts made
available for use under this subtitle may not be used for any
costs of providing infrastructure, commercial and economic
development, and operating costs of housing.
SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.
(a) In General.--Except as specifically provided in this Act,
the provisions of title I, subtitle A of title II, and titles
III through VIII shall not apply to the program under this
subtitle or to amounts made available in accordance with this
subtitle.
(b) Applicable Provisions.--The following provisions of
titles I through VIII shall apply to the program under this
subtitle and amounts made available in accordance with this
subtitle:
(1) Section 101(c) (relating to local cooperation
agreements).
(2) Subsections (d) and (e) of section 101 (relating
to tax exemption).
(3) Section 102(c)(5) (relating to certification of
compliance).
(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).
(7) Section 201(b)(7) (relating to preference for
tribal members and other Indian families).
(8) Section 203(c) (relating to insurance coverage).
(9) Section 209 (relating to noncompliance with
affordable housing requirement).
(10) Section 401 (relating to remedies for
noncompliance).
(11) Section 408 (relating to public availability of
information).
(12) Section 702 (relating to 50-year leasehold
interests in trust or restricted lands for housing
purposes).
SEC. 235. REVIEW AND REPORT.
(a) Review.--During calendar year 2011, the Secretary shall
conduct a review of the results achieved by the program under
this subtitle to determine--
(1) the housing constructed, acquired, or
rehabilitated under the program;
(2) the effects of such housing constructed,
acquired, or rehabilitated on costs to low-income
families of affordable housing;
(3) the effectiveness of each recipient in achieving
the results intended to be achieved, as set forth in
the Indian housing plan for the Indian tribe; and
(4) the need for, and effectiveness of, extending the
duration of the program and increasing the amount of
grants under section 101 that may be used under the
program.
(b) Report.--Not later than December 31, 2011, the Secretary
shall submit a report to the Congress setting forth the
information obtained pursuant to the review under subsection
(a), which shall include conclusions and recommendations of the
Secretary with respect to the program under this subtitle,
including--
(1) recommendations regarding extension of the
program for subsequent fiscal years and increasing the
amount pursuant to section 232(c) that may be used
under the program; and
(2) recommendations for--
(A) specific Indian tribes (or recipients)
that should be prohibited from participating in
the program for failure to achieve results, and
the period for which such prohibition should
remain in effect; or
(B) standards and procedures by which tribes
(or recipients) may be prohibited from
participating in the program for failure to
achieve results.
(c) Provision of Information to Secretary.--Notwithstanding
any other provision of the Act, recipients participating in the
program under this subtitle shall provide such information to
the Secretary as the Secretary may request, in sufficient
detail and in a timely manner sufficient to ensure that the
review and report required by this section is accomplished in a
timely manner.
* * * * * * *
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
* * * * * * *
SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.
The amendments made by this title, and the provisions of this
title and this Act, may not be construed to prohibit or prevent
any insular area or participating jurisdiction (as such terms
are used for purposes of the HOME Investment Partnerships Act
(42 U.S.C. 12721 et seq.)) from providing amounts made
available under such Act for such area or jurisdiction to
Indian tribes, or tribally designated housing entities, for use
in accordance with the HOME Investment Partnerships Act.
TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
ACTIVITIES
* * * * * * *
SEC. 604. TRAINING AND INFORMATION.
The Secretary, in cooperation with eligible public entities,
shall carry out training and information activities with
respect to the guarantee program under this title. Such
activities shall include conducting educational seminars with
tribes and tribally designated housing entities on how to
utilize the loan guarantee program under this title.
SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES.
(a) Aggregate Fiscal Year Limitation.--Notwithstanding any
other provision of law and subject only to the absence of
qualified applicants or proposed activities and to the
authority provided in this title, to the extent approved or
provided in appropriations Acts, the Secretary may enter into
commitments to guarantee notes and obligations under this title
with an aggregate principal amount not to exceed $400,000,000
for each of [fiscal years 1997 through 2007] fiscal years 2008
through 2012.
(b) Authorization of Appropriations for Credit Subsidy.--
There are authorized to be appropriated to cover the costs (as
such term is defined in section 502 of the Congressional Budget
Act of 1974) of guarantees under this title such sums as may be
necessary for each of [fiscal years 1997 through 2007] fiscal
years 2008 through 2012.
* * * * * * *
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
* * * * * * *
SEC. 703. TRAINING AND TECHNICAL ASSISTANCE.
There are authorized to be appropriated for assistance for a
national organization representing Native American housing
interests for providing training and technical assistance to
Indian housing authorities and tribally designated housing
entities such sums as may be necessary for each of [fiscal
years 1997 through 2007] fiscal years 2008 through 2012.
* * * * * * *
TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
* * * * * * *
SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Housing and Urban Development for grants under this title such
sums as may be necessary for each of [fiscal years 2001, 2002,
2003, 2004, and 2005.] fiscal years 2008, 2009, 2010, 2011 and
2012.
* * * * * * *
ADDITIONAL VIEWS
I applaud the committee's efforts today to reauthorize
NAHASDA. I have some additional views I would like to add. I
was prepared to offer an amendment to this bill to add a
section promoting economic infrastructure. By agreement with
the Chairman that legislation has been embodied in a stand
alone bill (H.R. 3002) because although this legislation
continues the practice of giving Tribes more flexibility to
develop housing, I believe we can and should do more. NAHASDA
reauthorization is critical to addressing Native American
housing needs. Tribes need adequate flexibility and autonomy to
use Indian Housing Block Grant dollars efficiently and in a
manner that makes the most sense for tribal members' specific
needs. Since NAHASDA was implemented in 1996, tribes have seen
more flexibility to use their grant money for infrastructure
and rehabilitation of homes. I believe we need to take a closer
look down the road to address infrastructure support and
economic development in future legislation, and I look forward
to working toward helping Tribes to meet their housing goals.
Stevan Pearce.
ADDITIONAL VIEWS
The underlying Native Hawaiian housing program that we are
set to reauthorize within NAHASDA reauthorization is one of
many benefits that currently flow from the federal government
to Native Hawaiians--there are roughly 160 current statutes
that confer such benefits. However, in 2000, the Supreme Court
put many of these benefits in jeopardy with its decision in
Rice v. Cayetano.
The Court's decision in Rice has led many to conclude that
the current configuration of justices would likely strike down
most federal benefits flowing to Native Hawaiians as a racial
set-aside, if given a chance. As a result, the Hawaiian
Congressional delegation has championed separate legislation to
provide a process for the United States to recognize Native
Hawaiians as a governing entity, i.e. a tribe that is political
in nature. Instead of recognizing a currently-existing
political entity that has authority over its members, the
legislation (H.R. 505) would create one from scratch.
While the Financial Services Committee is not considering
the sovereignty bill (H.R. 505), the Native American Housing
Assistance and Self-Determination Reauthorization Act (H.R.
2786) should nonetheless give us pause before we reauthorize
funding programs that are more than likely unconstitutional.
This bill, H.R. 2786, which contains a provision that
reauthorizes federal funding for Native Hawaiian housing,
should not be construed by any future court as Congress using
its power under the Indian Commerce Clause to indirectly confer
tribal status on the Native Hawaiian people.
America is a melting pot of cultures from around the world.
Justice Kennedy noted as much in his opinion in Rice v.
Cayetano. ``As the State of Hawaii attempts to address these
realities, it must, as always, seek the political consensus
that begins with a shared purpose. One of the necessary
beginning points is this principle: The Constitution of the
United States, too, has become the heritage of all the citizens
of Hawaii.''
John Campbell.