[Senate Report 109-160]
[From the U.S. Government Publishing Office]
Calendar No. 261
109th Congress Report
SENATE
1st Session 109-160
======================================================================
NATIVE AMERICAN HOUSING ENHANCEMENT ACT OF 2005
_______
October 27, 2005.--Ordered to be printed
_______
Mr. McCain, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany H.R. 797]
The Committee on Indian Affairs, to which was referred the
bill (H.R. 797) to amend the Native American Housing Assistance
and Self-Determination Act of 1996 and other Acts to improve
housing programs for Indians, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose
The purpose of the Native American Housing Enhancement Act
of 2005, H.R. 797, is to amend certain provisions of Federal
Indian housing laws to establish consistency among Federal
Indian housing programs, to increase the availability of Indian
housing programs and to correct a technical oversight in Native
American Housing Assistance and Self Determination Act of 1996,
25 U.S.C. 4101 et seq. (NAHASDA).
Background
In 1996, Congress passed NAHASDA to increase the
availability of affordable housing for American Indians and
Alaska Natives by allowing the housing funds to be leveraged
with other Federal and private funds, among other purposes. The
NAHASDA, which is administered by the Department of Housing and
Urban Development, provides Indian tribes or their tribally
designated housing entities the flexibility to use the housing
funds according to tribal priorities including housing
construction, infrastructure development, or planning. The
Housing Act of 1949 (42 U.S.C. 1471 et seq.), administered by
the Department of Agriculture, also includes housing programs
for Indian tribes and their members. The Cranston-Gonzales
National Affordable Housing Act, P.L. 101-625, November 28,
1990 (104 Stat. 4079), 42 U.S.C. 12701 et seq., was amended in
1992 to create the YouthBuild program for young adults. See
P.L. 102-550, Title I, Sec. 164, October 28, 1992 (106 Stat.
3723), 42 U.S.C. 12899 et seq. However, with the enactment of
NAHASDA in 1996, Indian tribes were no longer eligible to apply
for Cranston-Gonzales National Affordable Housing Act
YouthBuild funding.
DEPARTMENT OF AGRICULTURE HOUSING PROGRAMS
The Housing Act of 1949 (42 U.S.C. 1471 et seq.) authorizes
various housing programs administered by the Department of
Agriculture, including programs for Indian tribes. Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
prohibits exclusion of persons from participation in or
receiving benefits of federally funded programs or activities
based on race, color and national origin. Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) generally
prohibits such discrimination in the provision of housing and
housing services. Because housing programs operated by Indian
tribes or their housing instrumentalities on reservations and
other Indian areas are intended to serve the housing needs of
Indian people, NAHASDA exempts the Indian tribes and their
designated housing entities from these statutes in carrying out
affordable housing activities under NAHASDA. See Sec. 201(b)(6)
of NAHASDA, 25 U.S.C. 4131 (b)(6). However, there is no such
exemption for Indian tribes in the Housing Act of 1949.
Section 4 of H.R. 797 amends Title V of the Housing Act of
1949 by adding a new section that: (1) states that Federally
recognized Indian tribes (and their instrumentalities) ``who
exercise powers of self government shall comply with the Indian
Civil Rights Act'' of 1968 (25 U.S.C. 1301-1303) when receiving
assistance under that title of the 1949 Housing Act; and (2)
exempts Indian tribes that are covered by the Indian Civil
Rights Act of 1968 or that are acting under Sec. 201(b) of
NAHASDA from Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and Title VIII of the Civil Rights Act of
1968 (42 U.S.C. 3601 et seq.). The purpose of this amendment is
to provide consistency in the requirements of Indian housing
programs under the 1949 Housing Act with those of NAHASDA.
YOUTHBUILD PROGRAMS
The YouthBuild program of the Cranston-Gonzales National
Affordable Housing Act provides young adults with opportunities
to develop new leadership and job skills by participating in
home construction projects. The Secretary of Housing and Urban
Development is authorized to make YouthBuild planning and
implementation grants to eligible organizations or agencies.
See 42 U.S.C. 12899a, 12899b and 12899c. With the enactment of
NAHASDA in 1996, however, Indian tribes and their housing
authorities were no longer eligible for YouthBuild grants. See
P.L. 104-330, 504(a). Indian tribes and their designated
housing entities may instead use NAHASDA block grant funding to
develop YouthBuild programs. However, the Committee has been
made aware that NAHASDA block grant funding is frequently
insufficient to meet tribal housing priorities and, at the same
time, adequately support YouthBuild type programs. Accordingly,
H.R. 797 would amend section 12899f(2) of the Cranston-Gonzales
National Affordable Housing Act to include Indian tribes,
tribally designated housing entities and other agencies
primarily serving Indians to the definition of eligible
applicants and thereby increase the availability of YouthBuild
programs for Indian communities.
ACCESS TO GRANTS UNDER NAHASDA
Section 104(a)(2) of NAHASDA (25 U.S.C. 4114(a)(2))
prohibits the Secretary of Housing and Urban Development from
reducing housing grants awarded to Indian tribes based solely
on (1) the tribe's retention of program income, (2) the amount
of such income retained by the tribe, (3) the tribe's retention
of reserve amounts from the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.), or (4) whether the recipient has
expended retained program income for housing related
activities. However, the NAHASDA does not expressly prohibit
the Secretary from restricting a tribe's access to, or even
from disallowing a tribe or tribally designated housing entity
from applying for, housing grants--as opposed to reducing grant
amounts--when those same circumstances exist.
This technical oversight could result in denying Indian
tribes or their designated housing entities the opportunity to
apply for or receive NAHASDA grants, because the prohibition is
limited to reducing the tribe's or housing entity's grant
amount. Congress intended to broaden the housing grant
opportunities for Indian tribes, not limit them, and correcting
the technical oversight would be consistent with that original
intent. Consequently, H.R. 797 corrects this technical
oversight by amending NAHASDA to prohibit the Secretary from
restricting tribal access to housing grants based solely on the
four circumstances specified in section 104(a) of NAHASDA.
Need for Legislation
The legislation is necessary to make the requirements
applicable to Indian tribes and their housing entities under
the Housing Act of 1949 consistent with NAHASDA; to allow
Indian tribes to have access to YouthBuild program grants; and
to make a technical correction to section 104(a)(2) of NAHASDA.
Legislative History
The bill, H.R. 797, was introduced in the House of
Representatives on February 14, 2005 by Representative Renzi
for himself and Representative Matheson. Representative Rahall
joined as a cosponsor on April 6, 2005. The House passed H.R.
797 on April 6, 2005, and after being received from the House,
the bill was referred to the Senate Committee on Indian
Affairs. A companion bill, S.475, was introduced on February
28, 2005, by Senator Johnson for himself and Senator Enzi, and
subsequently referred to the Committee on Indian Affairs.
Committee Recommendation and Tabulation of Vote
In an open business session on June 29, 2005, the Committee
by voice vote ordered the bill to be reported favorably,
without amendment, to the full Senate.
Section-by-Section Analysis
Section 1: Short title
This section sets forth the short title of the bill, the
``Native American Housing Enhancement Act of 2005.''
Section 2: Findings
This section sets forth Congressional findings, including
findings that the United States has a unique obligation to
Indians, that Indians experience some of the worst housing
conditions in the country, that members of Indian tribes are
given a preference for housing programs under NAHASDA, and that
the Housing Act of 1949 should be amended to allow for the
preference given to Indians for Indian housing programs.
Section 3: Treatment of program income
This section sets forth a technical amendment to section
104(a)(2) of NAHASDA to prohibit the Secretary from restricting
tribal access to grants based solely on the circumstances
specified in that section.
Section 4: Civil rights compliance
This section amends title V of the Housing Act of 1949, 42
U.S.C. 1471, et seq., by adding a new section that (1) requires
federally-recognized Indian tribes exercising powers of self-
government (or their instrumentalities) to comply with the
Indian Civil Rights Act of 1968 (25 U.S.C. 1301-1303) when
receiving assistance under the 1949 Housing Act, and (2)
provides an exemption from title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d, et seq.) and title VII of the Civil
Rights Act of 1968 (42 U.S.C. 3601, et seq.) to tribes that are
covered by the Indian Civil Rights Act (title II of the Civil
Rights Act of 1968; 25 U.S.C. 1301-1303) or that are acting
under section 201(b) of NAHASDA (25 U.S.C. 4131(b)).
Section 5: Eligibility of Indian tribes for YouthBuild grants
This section amends section 457(2) of the Cranston-Gonzales
National Affordable Housing Act (42 U.S.C. 12899f(2)) to
include Indian tribes, tribally designated housing entities and
other agencies primarily serving Indians as eligible applicants
for YouthBuild grants.
Cost and Budgetary Considerations
The following cost estimate dated, July 25, 2005, was
prepared for S. 475, a companion bill introduced in the Senate
which is almost identical to H.R. 797:
S. 475--Native American Housing Enhancement Act of 2005
S. 475 would amend the Native American Housing and Self-
Determination Act of 1996 to increase Indian tribes' access to
funding authorized by that act. Specifically, the bill would
permit tribes to receive new grants even if they still retain
program income from earlier years. The bill would also amend
title V of the Housing Act of 1949 to allow tribes to target
funds to Indians in the administration of tribal housing
projects. In addition, the bill would make Indian tribes
eligible to receive YouthBuild grants.
CBO estimates that implementing S. 475 would have no
significant effect on the federal budget and would not affect
direct spending or revenues.
S. 475 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
bill would benefit tribal governments that receive federal
housing funds.
The CBO staff contact for this estimate is Chad Chirico.
This estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact to be incurred in carrying out
the bill. The Committee believes that H.R. 797 will have
minimal regulatory or paperwork impact.
Executive Communications
The Committee has received no official executive
communications on H.R. 797.
Changes in Existing Law
In compliance with subsection 12 of Rule XXVI of the
Standing Rules of the Senate, the Committee states that the
enactment of H.R. 797 will result in the following changes in
the law (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic):
25 U.S.C. 4114(a) (P.L. 104-330, Title I, Sec. 104(a))
Sec. 4114. Treatment of program income and labor standards
(a) Program income.--
(1) Authority to retain.--
* * * * * * *
(2) Prohibition of reduction of grant.--The Secretary
may not restrict access to or reduce the grant amount
for any Indian tribe based solely on--
(A) whether the recipient for the tribe
retains program income under paragraph (1);
(B) the amount of any such program income
retained;
(C) whether the recipient retains reserve
amounts described in section 4140 of this
title; or
(D) whether the recipient has expended
retained program income for housing-related
activities.
* * * * * * *
Title V of the Housing Act of 1949, 42 U.S.C. 1471 (63
Stat. 432) is amended by adding a new section 544 as follows:
SEC. 544. INDIAN TRIBES.
(a) In General.--Federally recognized Indian Tribes who
exercise powers of self-government (or their instrumentalities)
shall comply with the Indian Civil Rights Act (title II of the
Civil Rights Act of 1968; 25 U.S.C. 1301-1303) when receiving
assistance under this title.
(b) Exemption.--Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d) and title VIII of the Civil Rights Act of
1968 (42 U.S.C. 3601 et seq.) shall not apply to--
(1) tribes covered by the Indian Civil Rights Act
(title II of the Civil Rights Act of 1968; 25 U.S.C.
1301-1303); or
(2) tribes acting under section 201(b) of the native
American Housing and Self-Determination Act of 1996 (25
U.S.C. 4131(b)).
* * * * * * *
42 U.S.C. 12899f(2)
42 U.S.C. 12899f. Definitions.
For purposes of this part:
(1) Adjusted income.--
* * * * * * *
(2) Applicant.--The term ``applicant'' means a public
or private nonprofit agency, including--
(A) a community-based organization;
(B) an administrative entity designated under
section 103(b)(1)(B) of the Job Training
Partnership Act;
(C) a community action agency;
(D) a State and local housing development
agency;
(E) a community development corporation;
(F) a State and local youth service and
conservation corps; [and]
(G) an Indian tribe, tribally designated
housing entity (as defined in section 4 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103)), or
other agency primarily serving Indians; and
[(G)] (H) any other entity eligible to
provide education and employment training under
other Federal employment training programs.