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[House Report 113-628]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-628

======================================================================

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

                                _______
                                

 November 20, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

       Mr. Hensarling, from the Committee on Financial Services, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 4329]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Financial Services, to whom was referred 
the bill (H.R. 4329) to reauthorize the Native American Housing 
Assistance and Self-Determination Act of 1996, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

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

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

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

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

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

                      TITLE IV--AUDITS AND REPORTS

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

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

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

                        TITLE VI--MISCELLANEOUS

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

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

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

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 
2014 through 2018''.

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

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

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

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

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

                      TITLE IV--AUDITS AND REPORTS

SEC. 401. REVIEW AND AUDIT BY SECRETARY.

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

SEC. 402. REPORTS TO CONGRESS.

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

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

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

  Paragraph (19) of section 8(o) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
following new subparagraph:
                  ``(D) Native american veterans.--
                          ``(i) Authority.--Of the funds made available 
                        for rental assistance under this subsection for 
                        fiscal year 2015 and each fiscal year 
                        thereafter, the Secretary shall set aside 5 
                        percent for a supported housing and rental 
                        assistance program modeled on the HUD-Veterans 
                        Affairs Supportive Housing (HUD-VASH) program, 
                        to be administered in conjunction with the 
                        Department of Veterans Affairs, for the benefit 
                        of homeless Native American veterans and 
                        veterans at risk of homelessness.
                          ``(ii) Recipients.--Such rental assistance 
                        shall be made available to recipients eligible 
                        to receive block grants under the Native 
                        American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 4101 et 
                        seq.).
                          ``(iii) Funding criteria.--Funds shall be 
                        awarded based on need, administrative capacity, 
                        and any other funding criteria established by 
                        the Secretary in a notice published in the 
                        Federal Register, after consultation with the 
                        Secretary of Veterans Affairs, by a date 
                        sufficient to provide for implementation of the 
                        program under this subparagraph in accordance 
                        with clause (i).
                          ``(iv) Program requirements.--Such funds 
                        shall be administered by block grant recipients 
                        in accordance with program requirements under 
                        Native American Housing Assistance and Self-
                        Determination Act of 1996 in lieu of program 
                        requirements under this Act.
                          ``(v) Waiver.--The Secretary may waive, or 
                        specify alternative requirements for any 
                        provision of any statute or regulation that the 
                        Secretary administers in connection with the 
                        use of funds made available under this 
                        subparagraph, but only upon a finding by the 
                        Secretary that such waiver or alternative 
                        requirement is necessary to promote 
                        administrative efficiency, eliminate delay, 
                        consolidate or eliminate duplicative or 
                        ineffective requirements or criteria, or 
                        otherwise provide for the effective delivery 
                        and administration of such supportive housing 
                        assistance to Native American veterans.
                          ``(vi) Consultation.--The Secretary and the 
                        Secretary of Veterans Affairs shall jointly 
                        consult with block grant recipients and any 
                        other appropriate tribal organizations to--
                                  ``(I) ensure that block grant 
                                recipients administering funds made 
                                available under the program under this 
                                subparagraph are able to effectively 
                                coordinate with providers of supportive 
                                services provided in connection with 
                                such program; and
                                  ``(II) ensure the effective delivery 
                                of supportive services to Native 
                                American veterans that are homeless or 
                                at risk of homelessness eligible to 
                                receive assistance under this 
                                subparagraph.
                        Consultation pursuant to this clause shall be 
                        completed by a date sufficient to provide for 
                        implementation of the program under this 
                        subparagraph in accordance with clause (i).
                          ``(vii) Notice.--The Secretary shall 
                        establish the requirements and criteria for the 
                        supported housing and rental assistance program 
                        under this subparagraph by notice published in 
                        the Federal Register, but shall provide Indian 
                        tribes and tribally designated housing agencies 
                        an opportunity for comment and consultation 
                        before publication of a final notice pursuant 
                        to this clause.''.

SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING.

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

                        TITLE VI--MISCELLANEOUS

SEC. 601. LANDS TITLE REPORT COMMISSION.

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

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

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

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

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

SEC. 604. CLERICAL AMENDMENT.

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

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

SEC. 701. DEMONSTRATION PROGRAM.

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

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

``SEC. 901. AUTHORITY.

  ``(a) In General.--In addition to any other authority provided in 
this Act for the construction, development, maintenance, and operation 
of housing for Indian families, the Secretary shall provide the 
participating tribes having final plans approved pursuant to section 
905 with the authority to exercise the activities provided under this 
title and such plan for the acquisition and development of housing to 
meet the needs of tribal members.
  ``(b) Inapplicability of NAHASDA Provisions.--Except as specifically 
provided otherwise in this title, titles I through IV, VI, and VII 
shall not apply to a participating tribe's use of funds during any 
period that the tribe is participating in the demonstration program 
under this title.
  ``(c) Continued Applicability of Certain NAHASDA Provisions.--The 
following provisions of titles I through VIII shall apply to the 
demonstration program under this title and amounts made available under 
the demonstration program under this title:
          ``(1) Subsections (d) and (e) of section 101 (relating to tax 
        exemption).
          ``(2) Section 101(j) (relating to Federal supply sources).
          ``(3) Section 101(k) (relating to tribal preference in 
        employment and contracting).
          ``(4) Section 104 (relating to treatment of program income 
        and labor standards).
          ``(5) Section 105 (relating to environmental review).
          ``(6) Section 201(b) (relating to eligible families), except 
        as otherwise provided in this title.
          ``(7) Section 203(g) (relating to a de minimis exemption for 
        procurement of goods and services).
          ``(8) Section 702 (relating to 99-year leasehold interests in 
        trust or restricted lands for housing purposes).

``SEC. 902. PARTICIPATING TRIBES.

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

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

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

``SEC. 904. FINAL PLAN.

  ``A final plan under this section shall--
          ``(1) be developed by the participating tribe and the 
        investor partner for the tribe selected pursuant to section 
        903(b)(1)(A);
          ``(2) identify the qualified entity that assisted the tribe 
        in assessing the housing needs of the tribe;
          ``(3) set forth a detailed description of such projected 
        housing needs, including affordable housing needs, of the 
        tribe, which shall include--
                  ``(A) a description of such need over the ensuing 24 
                months and thereafter until the expiration of the 
                ensuing 5-year period or until the affordable housing 
                need is met, whichever occurs sooner; and
                  ``(B) the same information that would be required 
                under section 102 to be included in an Indian housing 
                plan for the tribe, as such requirements may be 
                modified by the Secretary to take consideration of the 
                requirements of the demonstration program under this 
                title;
          ``(4) provide for specific housing activities sufficient to 
        meet the tribe's housing needs, including affordable housing 
        needs, as identified pursuant to paragraph (3) within the 
        periods referred to such paragraph, which shall include--
                  ``(A) development of affordable housing (as such term 
                is defined in section 4 of this Act (25 U.S.C. 4103));
                  ``(B) development of conventional homes for rental, 
                lease-to-own, or sale, which may be combined with 
                affordable housing developed pursuant to subparagraph 
                (A);
                  ``(C) development of housing infrastructure, 
                including housing infrastructure sufficient to serve 
                affordable housing developed under the plan; and
                  ``(D) investments by the investor partner for the 
                tribe, the participating tribe, members of the 
                participating tribe, and financial institutions and 
                other outside investors necessary to provide financing 
                for the development of housing under the plan and for 
                mortgages for tribal members purchasing such housing;
          ``(5) provide that the participating tribe will agree to 
        provide long-term leases to tribal members sufficient for 
        lease-to-own arrangements for, and sale of, the housing 
        developed pursuant to paragraph (4);
          ``(6) provide that the participating tribe--
                  ``(A) will be liable for delinquencies under mortgage 
                agreements for housing developed under the plan that 
                are financed under the plan and entered into by tribal 
                members; and
                  ``(B) shall, upon foreclosure under such mortgages, 
                take possession of such housing and have the 
                responsibility for making such housing available to 
                other tribal members;
          ``(7) provide for sufficient protections, in the 
        determination of the Secretary, to ensure that the tribe and 
        the Federal Government are not liable for the acts of the 
        investor partner or of any contractors;
          ``(8) provide that the participating tribe shall have sole 
        final approval of design and location of housing developed 
        under the plan;
          ``(9) set forth specific deadlines and schedules for 
        activities to be undertaken under the plan and set forth the 
        responsibilities of the participating tribe and the investor 
        partner;
          ``(10) set forth specific terms and conditions of return on 
        investment by the investor partner and other investors under 
        the plan, and provide that the participating tribe shall pledge 
        grant amounts allocated for the tribe pursuant to title III for 
        such return on investment;
          ``(11) set forth the terms of a cooperative agreement on the 
        operation and management of the current assistance housing 
        stock and current housing stock for the tribe assisted under 
        the preceding titles of this Act;
          ``(12) set forth any plans for sale of affordable housing of 
        the participating tribe under section 907 and, if included, 
        plans sufficient to meet the requirements of section 907 
        regarding meeting future affordable housing needs of the tribe;
          ``(13) set forth terms for enforcement of the plan, including 
        an agreement regarding jurisdiction of any actions under or to 
        enforce the plan, including a waiver of immunity; and
          ``(14) include such other information as the participating 
        tribe and investor partner consider appropriate.

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

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

``SEC. 906. TREATMENT OF NAHASDA ALLOCATION.

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

``SEC. 907. RESALE OF AFFORDABLE HOUSING.

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

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

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

``SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.

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

``SEC. 910. FINAL REPORT.

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

``SEC. 911. DEFINITIONS.

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

``SEC. 912. NOTICE.

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

SEC. 702. CLERICAL AMENDMENTS.

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

         ``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

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

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

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

                          Purpose and Summary

    H.R. 4329, the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2014, reauthorizes the 
Native American Housing Assistance Self Determination Act of 
1996 (NAHASDA) for five years through 2018 and amends the law 
to address housing needs for Native American tribal 
governments.
    H.R. 4329 (1) strengthens vital taxpayer protections and 
tribal accountability by providing the Secretary of Housing and 
Urban Development (HUD) the authority to recoup unexpended 
funds; (2) allows for tribes to pursue alternative funding 
sources by encouraging private investment; and (3) provides 
Native American tribal governments with greater efficiencies 
when deploying NAHASDA funds.
    H.R. 4329 seeks to modernize regulations or statutes that, 
over time, were deemed ineffective, outdated or excessive. For 
example, as noted in a March 2014 Government Accountability 
Office (GAO) report entitled Native American Housing: 
Additional Actions Needed to Better Support Tribal Efforts,\1\ 
when NAHASDA funds are combined with other federal funds on a 
project, the NAHASDA regulations require the grant recipient to 
follow each federal agency's separate requirements. H.R. 4329 
consolidates the environmental review requirements on 
affordable housing developments under a single environmental 
review when NAHASDA funding is no less than 51 percent of the 
total federal funding of the grant recipient. Moreover, the 
bill requires the HUD Secretary to study and recommend to 
Congress standards and procedures to streamline and simplify 
the Indian Housing Plans (IHPs), an annual plan NAHASDA grant-
recipients are required to submit each year detailing their 
goals and objectives to be met during the grant year.
---------------------------------------------------------------------------
    \1\Government Accountability Office, ``Native American Housing: 
Additional Actions Needed to Better Support Tribal Efforts'', A Report 
to Congress (March 27, 2014), http://gao.gov/assets/670/662063.pdf
---------------------------------------------------------------------------
    H.R. 4329 establishes a demonstration program for no more 
than twenty (20) NAHASDA grant-recipients to seek private 
investment and management when meeting their housing needs. The 
Committee is encouraged by the increased access to capital 
through financial institutions that has resulted from opening 
access for tribes to Section 184 loan guarantees under the 
Housing and Community Development Act of 1992. Access to 
capital continues to be one of the greatest obstacles to 
housing development on tribal lands, whether it be at the 
individual level or project development level. The Committee 
believes continuing to develop alternative sources of capital 
for use in developing tribal lands is critical to meeting the 
original intent of NAHASDA.
    The demonstration program created by this title builds upon 
the success of the Military Housing Privatization Initiative in 
1996, which created a public-private partnership to meet 
housing needs on military installations nationwide. Today, less 
than 20 years after its inception, a majority of the housing on 
military installations has been constructed or modified thanks 
to this program. In hopes of emulating the success of the 
military's housing program, H.R. 4329 provides for a public-
private partnership program that would allow tribes to address 
housing shortages through large development projects. The 
demonstration allows the tribes to use funds allocated under 
NAHASDA as leverage and payment for the completion of these 
projects in conjunction with private industry. While the 
Committee believes in greater self-determination, it is also 
committed to protecting taxpayers from fraud and abuse. 
Accordingly, the demonstration program requires an oversight 
review and approval of any development project created under 
this Act. The legislation outlines safeguards to protect both 
the tribes and private investors from fraud and abuse and to 
ensure that minimum housing standards and requirements are met. 
Moreover, each development will be required to define the 
metrics that will assist in showing the successes and 
weaknesses in the demonstration program. Five years after 
enactment of this Act, HUD would be required to report to 
Congress outlining the effectiveness of the demonstration and 
make recommendations on how to leverage tribal resources for 
private capital investment and participation.
    As of September 30, 2014, there was $499,470,516 in 
expended, unobligated NAHASDA funds, meaning these funds have 
been disbursed by HUD to the tribes but not yet spent. The 
Committee recognizes that housing development, like other forms 
of capital development, can be a multi-year process and NAHASDA 
recipients should be allowed a reasonable time in which to plan 
for and expend their funding. However, the program's slow 
spend-out rate raises questions as to whether some of the 
tribes receiving NAHASDA funds have the capacity to deploy 
these funds in a timely and efficient manner. The 
Administration's FY2015 budget proposal requested statutory 
changes to allow a one-time recoupment of those obligated 
unexpended NAHASDA funds that exceed the total of three times 
the recipient's annual grant. The House approved this proposal 
on June 10, 2014, when passing the Fiscal Year 2015 
Transportation, Housing and Urban Development Appropriations 
Bill.\2\ H.R. 4329 would codify the Administration's proposal 
as an annual recoupment process for those grant recipients who 
receive more than $5 million annually and are provided an 
opportunity to justify their strategy of leaving NAHASDA funds 
unexpended for a long period of time.
---------------------------------------------------------------------------
    \2\United States House of Representatives, H.R. 4745, 113th 
Congress, passed June 10, 2014, https://www.congress.gov/113/bills/
hr4745/BILLS-113hr4745pcs.pdf
---------------------------------------------------------------------------

                  Background and Need for Legislation

    NAHASDA is a federal grant and loan guarantee program that 
provides affordable housing assistance to Native American 
tribes. Tribes spend these funds to provide affordable housing 
assistance for their low-income members living on or near 
Native American tribal lands or areas. NAHASDA is administered 
by HUD's Office of Native American Programs (ONAP). Congress 
first authorized NAHASDA in 1996 to streamline the multiple 
channels of housing assistance provided to Native Americans by 
combining several federal housing assistance programs into two: 
(1) the Indian Housing Block Grant (IHBG) program, which is a 
formula-based grant program; and (2) the Title VI Tribal 
Housing Activities Loan Guarantee Program, which guarantees 
private loans to Indian tribes to develop affordable housing. 
NAHASDA was first funded by Congress in 1998 and the annual 
funding level for NAHASDA is approximately $650 million. 
NAHASDA's authorization expired September 30, 2013, and the 
program is currently receiving appropriations without 
authorization.
    NAHASDA is designed to advance the following statutory 
objectives:
          1. Assisting and promoting affordable housing 
        activities to develop, maintain, and operate affordable 
        housing in safe and healthy environments on Indian 
        reservations and in other Indian areas for occupancy by 
        low-income Indian families;
          2. Ensuring better access to private mortgage markets 
        for Indian tribes and their members and promoting self-
        sufficiency of Indian tribes and their members;
          3. Coordinating activities to provide housing for 
        Indian tribes and their members with federal, state, 
        and local activities to further economic and community 
        development for Indian tribes and their members;
          4. Planning for and integrating infrastructure 
        resources with housing development for Indian tribes; 
        and
          5. Promoting the development of private capital 
        markets in Indian country for the benefit of Indian 
        communities.
    Entities eligible to receive NAHASDA funds are federally 
recognized Indian tribes, with the exception of five state-
recognized tribes that participated in federal housing programs 
under the 1937 Housing Act. When HUD implemented NAHASDA, those 
five tribes were grandfathered into the program. According to 
the Bureau of Indian Affairs (BIA), a federally recognized 
tribe is an American Indian or Alaska Native tribal entity that 
has a government-to-government relationship with the United 
States and is eligible for BIA funding and services. Tribes may 
receive federal recognition (1) by an Act of Congress, (2) by 
the BIA through administrative procedures, or (3) by the 
decisions of a United States court. As of January 22, 2014, 
there were 566 federally recognized tribes in the United 
States.
    Once tribes receive NAHASDA funds, they can use a range of 
approaches to provide homeownership and rental assistance to 
their tribal members. Tribes typically spend their NAHASDA 
funds on homeownership units for purchase through new 
construction, acquisition, or rehabilitation. Tribes also can 
construct, acquire, or rehabilitate new affordable rental 
housing for their tribal members, and tribes can provide 
tenant-based rental assistance for their low-income members 
(residents in these units pay up to 30 percent of their 
adjusted income in rent). Tribes have the ability to leverage 
NAHASDA funds by combining them with funds from other federal, 
state, local and private sources to support eligible program 
activities.
    Families that are eligible to receive or benefit from 
NAHASDA-funded assistance are low-income Indian families, 
defined as Indian families residing on a reservation or in a 
tribal service area whose income does not exceed 80 percent of 
the area median income. Under specific and very limited 
circumstances, families residing on a reservation or in a 
tribal service area that are not Native American or low-income 
also are eligible to receive NAHASDA-funded assistance.
    Prior to NAHASDA, Native American tribes received 
assistance for affordable housing under various federal 
programs aimed at providing housing assistance to low-income 
Native Americans. For example, tribes received housing 
development and modernization grants, public housing operating 
subsidies, and Section 8 rental assistance, which were 
authorized in the 1937 Housing Act. By combining federal 
housing assistance programs, NAHASDA sought to provide Native 
American tribes greater self-determination and self-governance 
by allowing them more authority over spending their federal 
affordable housing funds. With the enactment of NAHASDA, Indian 
tribes are no longer eligible to receive federal housing 
assistance under the 1937 Housing Act.

                                Hearings

    No hearings were held on H.R. 4329.

                        Committee Consideration

    The Committee on Financial Services met in open session on 
July 29-30, 2014, and ordered H.R. 4329 to be reported 
favorably to the House with an amendment by a recorded vote of 
47 yeas to 11 nays (Record vote no. FC-93), a quorum being 
present.

                            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.
    1. A second-degree amendment offered by Ranking Minority 
Member Waters (to the amendment in the nature of a substitute 
offered by Mr. Pearce [the ``Pearce ANS'']) to prohibit 
expenditure of any funds under NAHASDA for the benefit of the 
Cherokee Nation of Oklahoma until it is in full compliance with 
the Treaty of 1866 and fully recognizes all Cherokee Freedmen 
and their descendants as citizens of the Cherokee Nation was 
NOT AGREED TO by a recorded vote of 25 yeas to 32 nays [Record 
vote no. FC-90].

                                              RECORD VOTE NO. FC-90
----------------------------------------------------------------------------------------------------------------
         Representative             Yea       Nay     Present     Representative      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling.................  ........        X   .........  Ms. Waters.......        X   ........  .........
Mr. Bachus.....................  ........        X   .........  Mrs. Maloney (NY)        X   ........  .........
Mr. King (NY)..................  ........        X   .........  Ms. Velazquez....        X   ........  .........
Mr. Royce......................  ........        X   .........  Mr. Sherman......        X   ........  .........
Mr. Lucas......................  ........        X   .........  Mr. Meeks........        X   ........  .........
Mr. Gary G. Miller (CA)........  ........        X   .........  Mr. Capuano......        X   ........  .........
Mrs. Capito....................  ........        X   .........  Mr. Hinojosa.....        X   ........  .........
Mr. Garrett....................  ........        X   .........  Mr. Clay.........  ........  ........  .........
Mr. Neugebauer.................  ........        X   .........  Mrs. McCarthy            X   ........  .........
                                                                 (NY).
Mr. McHenry....................  ........        X   .........  Mr. Lynch........        X   ........  .........
Mr. Campbell...................  ........        X   .........  Mr. David Scott          X   ........  .........
                                                                 (GA).
Mrs. Bachmann..................  ........        X   .........  Mr. Al Green (TX)        X   ........  .........
Mr. McCarthy (CA)..............  ........  ........  .........  Mr. Cleaver......  ........  ........  .........
Mr. Pearce.....................  ........        X   .........  Ms. Moore........        X   ........  .........
Mr. Posey......................  ........        X   .........  Mr. Ellison......        X   ........  .........
Mr. Fitzpatrick................  ........        X   .........  Mr. Perlmutter...        X   ........  .........
Mr. Westmoreland...............  ........        X   .........  Mr. Himes........        X   ........  .........
Mr. Luetkemeyer................  ........        X   .........  Mr. Peters (MI)..        X   ........  .........
Mr. Huizenga (MI)..............  ........        X   .........  Mr. Carney.......        X   ........  .........
Mr. Duffy......................  ........        X   .........  Ms. Sewell (AL)..        X   ........  .........
Mr. Hurt.......................  ........        X   .........  Mr. Foster.......        X   ........  .........
Mr. Stivers....................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Fincher....................  ........        X   .........  Mr. Murphy (FL)..        X   ........  .........
Mr. Stutzman...................  ........        X   .........  Mr. Delaney......        X   ........  .........
Mr. Mulvaney...................  ........        X   .........  Ms. Sinema.......        X   ........  .........
Mr. Hultgren...................  ........        X   .........  Mrs. Beatty......        X   ........  .........
Mr. Ross.......................  ........        X   .........  Mr. Heck (WA)....        X   ........  .........
Mr. Pittenger..................  ........        X   .........  Mr. Horsford.....  ........  ........  .........
Mrs. Wagner....................  ........        X
Mr. Barr.......................  ........        X
Mr. Cotton.....................  ........        X
Mr. Rothfus....................  ........        X
Mr. Messer.....................  ........        X
----------------------------------------------------------------------------------------------------------------

    2. A second-degree amendment offered by Mr. Kildee to the 
Pearce ANS to strike title VII (relating to demonstration 
program for alternative privatization authority for Native 
American housing) was NOT AGREED TO by a recorded vote of 25 
yeas to 32 nays [Record vote no. FC-91].

                                              RECORD VOTE NO. FC-91
----------------------------------------------------------------------------------------------------------------
         Representative             Yea       Nay     Present     Representative      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling.................  ........        X   .........  Ms. Waters.......        X   ........  .........
Mr. Bachus.....................  ........        X   .........  Mrs. Maloney (NY)        X   ........  .........
Mr. King (NY)..................  ........        X   .........  Ms. Velazquez....        X   ........  .........
Mr. Royce......................  ........        X   .........  Mr. Sherman......        X   ........  .........
Mr. Lucas......................  ........        X   .........  Mr. Meeks........        X   ........  .........
Mr. Gary G. Miller (CA)........  ........        X   .........  Mr. Capuano......        X   ........  .........
Mrs. Capito....................  ........        X   .........  Mr. Hinojosa.....        X   ........  .........
Mr. Garrett....................  ........        X   .........  Mr. Clay.........  ........  ........  .........
Mr. Neugebauer.................  ........        X   .........  Mrs. McCarthy            X   ........  .........
                                                                 (NY).
Mr. McHenry....................  ........        X   .........  Mr. Lynch........        X   ........  .........
Mr. Campbell...................  ........        X   .........  Mr. David Scott          X   ........  .........
                                                                 (GA).
Mrs. Bachmann..................  ........        X   .........  Mr. Al Green (TX)        X   ........  .........
Mr. McCarthy (CA)..............  ........  ........  .........  Mr. Cleaver......  ........  ........  .........
Mr. Pearce.....................  ........        X   .........  Ms. Moore........        X   ........  .........
Mr. Posey......................  ........        X   .........  Mr. Ellison......        X   ........  .........
Mr. Fitzpatrick................  ........        X   .........  Mr. Perlmutter...        X   ........  .........
Mr. Westmoreland...............  ........        X   .........  Mr. Himes........        X   ........  .........
Mr. Luetkemeyer................  ........        X   .........  Mr. Peters (MI)..        X   ........  .........
Mr. Huizenga (MI)..............  ........        X   .........  Mr. Carney.......        X   ........  .........
Mr. Duffy......................  ........        X   .........  Ms. Sewell (AL)..        X   ........  .........
Mr. Hurt.......................  ........        X   .........  Mr. Foster.......        X   ........  .........
Mr. Stivers....................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Fincher....................  ........        X   .........  Mr. Murphy (FL)..        X   ........  .........
Mr. Stutzman...................  ........        X   .........  Mr. Delaney......        X   ........  .........
Mr. Mulvaney...................  ........        X   .........  Ms. Sinema.......        X   ........  .........
Mr. Hultgren...................  ........        X   .........  Mrs. Beatty......        X   ........  .........
Mr. Ross.......................  ........        X   .........  Mr. Heck (WA)....        X   ........  .........
Mr. Pittenger..................  ........        X   .........  Mr. Horsford.....  ........  ........  .........
Mrs. Wagner....................  ........        X   .........
Mr. Barr.......................  ........        X   .........
Mr. Cotton.....................  ........        X   .........
Mr. Rothfus....................  ........        X   .........
Mr. Messer.....................  ........        X   .........
----------------------------------------------------------------------------------------------------------------

    3. A second-degree amendment offered by Mr. Heck to the 
Pearce ANS to strick the $650 million per annum authorization 
limit for fiscal years 2014 through 2018 was NOT AGREED TO by a 
recorded vote of 26 yeas to 32 nays [Record vote no. FC-92].

                                              RECORD VOTE NO. FC-92
----------------------------------------------------------------------------------------------------------------
         Representative             Yea       Nay     Present     Representative      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling.................  ........        X   .........  Ms. Waters.......        X   ........  .........
Mr. Bachus.....................  ........        X   .........  Mrs. Maloney (NY)        X   ........  .........
Mr. King (NY)..................  ........        X   .........  Ms. Velazquez....        X   ........  .........
Mr. Royce......................  ........        X   .........  Mr. Sherman......        X   ........  .........
Mr. Lucas......................  ........        X   .........  Mr. Meeks........        X   ........  .........
Mr. Gary G. Miller (CA)........  ........        X   .........  Mr. Capuano......        X   ........  .........
Mrs. Capito....................  ........        X   .........  Mr. Hinojosa.....        X   ........  .........
Mr. Garrett....................  ........        X   .........  Mr. Clay.........  ........  ........  .........
Mr. Neugebauer.................  ........        X   .........  Mrs. McCarthy            X   ........  .........
                                                                 (NY).
Mr. McHenry....................  ........        X   .........  Mr. Lynch........        X   ........  .........
Mr. Campbell...................  ........        X   .........  Mr. David Scott          X   ........  .........
                                                                 (GA).
Mrs. Bachmann..................  ........        X   .........  Mr. Al Green (TX)        X   ........  .........
Mr. McCarthy (CA)..............  ........  ........  .........  Mr. Cleaver......  ........  ........  .........
Mr. Pearce.....................  ........        X   .........  Ms. Moore........        X   ........  .........
Mr. Posey......................  ........        X   .........  Mr. Ellison......        X   ........  .........
Mr. Fitzpatrick................  ........        X   .........  Mr. Perlmutter...        X   ........  .........
Mr. Westmoreland...............  ........        X   .........  Mr. Himes........        X   ........  .........
Mr. Luetkemeyer................  ........        X   .........  Mr. Peters (MI)..        X   ........  .........
Mr. Huizenga (MI)..............  ........        X   .........  Mr. Carney.......        X   ........  .........
Mr. Duffy......................  ........        X   .........  Ms. Sewell (AL)..        X   ........  .........
Mr. Hurt.......................  ........        X   .........  Mr. Foster.......        X   ........  .........
Mr. Stivers....................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Fincher....................  ........        X   .........  Mr. Murphy (FL)..        X   ........  .........
Mr. Stutzman...................  ........        X   .........  Mr. Delaney......        X   ........  .........
Mr. Mulvaney...................  ........        X   .........  Ms. Sinema.......        X   ........  .........
Mr. Hultgren...................  ........        X   .........  Mrs. Beatty......        X   ........  .........
Mr. Ross.......................  ........        X   .........  Mr. Heck (WA)....        X   ........  .........
Mr. Pittenger..................  ........        X   .........  Mr. Horsford.....        X   ........  .........
Mrs. Wagner....................  ........        X   .........
Mr. Barr.......................  ........        X   .........
Mr. Cotton.....................  ........        X   .........
Mr. Rothfus....................  ........        X   .........
Mr. Messer.....................  ........        X   .........
----------------------------------------------------------------------------------------------------------------

    4. A motion by Chairman Hensarling to report the bill, as 
amended, to the House with a favorable recommendation was 
agreed to by a record vote of 47 yeas and 11 nays (Record vote 
no. FC-93).

                                              RECORD VOTE NO. FC-93
----------------------------------------------------------------------------------------------------------------
         Representative             Yea       Nay     Present     Representative      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling.................        X   ........  .........  Ms. Waters.......  ........        X   .........
Mr. Bachus.....................        X   ........  .........  Mrs. Maloney (NY)        X   ........  .........
Mr. King (NY)..................        X   ........  .........  Ms. Velazquez....  ........        X   .........
Mr. Royce......................        X   ........  .........  Mr. Sherman......        X   ........  .........
Mr. Lucas......................        X   ........  .........  Mr. Meeks........  ........        X   .........
Mr. Gary G. Miller (CA)........        X   ........  .........  Mr. Capuano......  ........        X   .........
Mrs. Capito....................        X   ........  .........  Mr. Hinojosa.....  ........        X   .........
Mr. Garrett....................        X   ........  .........  Mr. Clay.........  ........  ........  .........
Mr. Neugebauer.................        X   ........  .........  Mrs. McCarthy            X   ........  .........
                                                                 (NY).
Mr. McHenry....................        X   ........  .........  Mr. Lynch........        X   ........  .........
Mr. Campbell...................        X   ........  .........  Mr. David Scott    ........        X   .........
                                                                 (GA).
Mrs. Bachmann..................        X   ........  .........  Mr. Al Green (TX)  ........        X   .........
Mr. McCarthy (CA)..............  ........  ........  .........  Mr. Cleaver......  ........  ........  .........
Mr. Pearce.....................        X   ........  .........  Ms. Moore........        X   ........  .........
Mr. Posey......................        X   ........  .........  Mr. Ellison......  ........        X   .........
Mr. Fitzpatrick................        X   ........  .........  Mr. Perlmutter...  ........        X   .........
Mr. Westmoreland...............        X   ........  .........  Mr. Himes........  ........        X   .........
Mr. Luetkemeyer................        X   ........  .........  Mr. Peters (MI)..        X   ........  .........
Mr. Huizenga (MI)..............        X   ........  .........  Mr. Carney.......        X   ........  .........
Mr. Duffy......................        X   ........  .........  Ms. Sewell (AL)..        X   ........  .........
Mr. Hurt.......................        X   ........  .........  Mr. Foster.......  ........        X   .........
Mr. Stivers....................        X   ........  .........  Mr. Kildee.......        X   ........  .........
Mr. Fincher....................        X   ........  .........  Mr. Murphy (FL)..        X   ........  .........
Mr. Stutzman...................        X   ........  .........  Mr. Delaney......        X   ........  .........
Mr. Mulvaney...................        X   ........  .........  Ms. Sinema.......        X   ........  .........
Mr. Hultgren...................        X   ........  .........  Mrs. Beatty......        X   ........  .........
Mr. Ross.......................        X   ........  .........  Mr. Heck (WA)....        X   ........  .........
Mr. Pittenger..................        X   ........  .........  Mr. Horsford.....        X   ........  .........
Mrs. Wagner....................        X   ........  .........
Mr. Barr.......................        X   ........  .........
Mr. Cotton.....................        X   ........  .........
Mr. Rothfus....................        X   ........  .........
Mr. Messer.....................        X   ........  .........
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held hearings 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 states that H.R. 4329 
will reauthorize NAHASDA through fiscal year 2018.

   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 of 1974.

                        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 Estimates

    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, September 17, 2014.
Hon. Jeb Hensarling,
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. 4329, the Native 
American Housing Assistance and Self-Determination 
Reauthorization Act of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Chad Chirico.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4329--Native American Housing Assistance and Self-Determination 
        Reauthorization Act of 2014

    Summary: H.R. 4329 would reauthorize the Native American 
Block Grant and loan guarantee programs through fiscal year 
2018. In addition, the bill would authorize a new set-aside 
program to provide rental assistance to Native American 
veterans who are homeless or at risk of homelessness. CBO 
estimates that implementing H.R. 4329 would cost about $2 
billion over the 2015-2019 period, assuming appropriation of 
the necessary amounts.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    H.R. 4329 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4329 is shown in the following table. 
The costs of this legislation fall within budget function 600 
(income security).
    Basis of estimate: CBO estimates that implementing H.R. 
4329 would cost about $2 billion over the next five years, 
assuming appropriation of the necessary funds. For this 
estimate, CBO assumes that H.R. 4329 will be enacted early in 
fiscal year 2015 and that appropriated funds will be spent at 
historical rates for the affected programs.

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2015       2016       2017       2018       2019    2015-2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Native American Housing Block Grants:
    Authorization Level.......................        650        650        650        650          0      2,600
    Estimated Outlays.........................        241        371        462        540        364      1,978
Loan Guarantees for Indian Housing:
    Authorization Level.......................         12         12         12         12          0         49
    Estimated Outlays.........................         12         12         12         12          0         49
Housing for Native American Veterans:
    Estimated Authorization Level.............          4          4          4          4          4         20
    Estimated Outlays.........................          3          4          4          4          4         19
    Total Changes:
        Estimated Authorization Level.........        666        666        666        666          4      2,669
        Estimated Outlays.....................        256        387        478        556        368      2,046
----------------------------------------------------------------------------------------------------------------

Native American Housing Block Grants

    Section 301 would authorize the appropriation of $650 
million annually for the Native American Housing Block Grant 
program through fiscal year 2018. The block grant program 
provides funding to tribes to acquire, construct, rehabilitate, 
or manage affordable housing for Native American families with 
low incomes. In 2014, $650 million was appropriated for this 
program. CBO estimates that implementing this section would 
cost nearly $2 billion over the 2015-2019 period.

Loan Guarantees for Indian housing

    Section 502 would authorize the appropriation of $12.2 
million annually through 2018 to guarantee loans to Native 
American families and tribes to construct, acquire or 
rehabilitate homes located on tribal land. In 2014, $6 million 
was appropriated for these guarantees. CBO estimates that 
implementing this section would cost $49 million over the 2015-
2019 period.

Supportive housing for Native American veterans

    Section 501 would authorize a program to provide rental 
assistance to Native American veterans who are homeless or at 
risk of homelessness. Each year 5 percent of the funds made 
available for the Veterans Affairs Supported Housing Program 
(VASH) would be set aside for Native American veterans. In 
2014, $75 million was appropriated for the VASH program. 
Assuming a program level that is 5 percent of that amount, and 
adjusting for anticipated inflation, CBO estimates that 
implementing this section would cost $19 million over the 2015-
2019 period.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4329 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Grants authorized in the bill would benefit 
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: J'nell Blanco Suchy; 
Impact on the private sector: Tristan Hanon.
    Estimate approved by: Peter H. Fontaine; 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.

                  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 the section 
102(b)(3) of the Congressional Accountability Act.

                         Earmark Identification

    H.R. 4329 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee states that no provision of H.R. 4329 establishes 
or reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

                   Disclosure of Directed Rulemaking

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee states that H.R. 4329 requires no directed 
rulemaking.

             Section-by-Section Analysis of the Legislation

    Section 1. Short Title; Table of Contents. This section 
states that the short title is the ``Native American Housing 
Assistance and Self-Determination Reauthorization Act of 
2014.''
    Section 2. References. This section clarifies that all 
amendments contained in this bill refer to the Native American 
Housing Assistance and Self-Determination Act of 1996, unless 
otherwise expressly provided.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

    Section 101: Block Grants. This section requires the HUD 
Secretary to act on a Local Cooperation Agreement waiver 
request within 60 days of its submission by a recipient of 
funding under the Native American Housing Assistance and Self-
Determination Act (NAHASDA). Local Cooperation Agreements, 
between the NAHASDA grant-recipient and local taxing body or 
government, exempt NAHASDA-funded rental and lease-to-purchase 
units from all real and personal taxes.
    Section 102: Indian Housing Plans. This section requires 
the HUD Secretary to study and recommend to Congress standards 
and procedures to streamline and simplify Indian Housing Plans 
(IHPs), including recommendations that establish procedures for 
waiving the IHP or alternative reporting requirements, such as 
submitting multi-year IHPs. The IHP is an annual plan NAHASDA 
grant-recipients are required to submit each year detailing 
their goals and objectives to be met during the grant year.
    Section 103: Environmental Review. This section requires 
the HUD Secretary to consolidate environmental review 
requirements under a single environmental review when NAHASDA 
funding is no less than 51 percent of the total federal funding 
source for the affordable housing development and the HUD 
Secretary determines the consolidation is not inconsistent with 
the goals of the National Environmental Policy Act of 1969; and 
requires the Secretary to act on environmental review waiver 
submissions within 60 days of receipt.
    Section 104: Failure to Act on Request for Approval 
Regarding Exceeding TDC Maximum Costs for Project. This section 
establishes a 60-day period in which HUD must act on a 
recipient's request to exceed the 10 percent maximum of total 
development cost; and provides a definition of total 
development costs as it relates to acquiring or rehabilitating 
affordable housing under NAHASDA.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

    Section 201: National Objectives and Eligible Families. 
This section exempts NAHASDA recipients from section 3 of the 
Housing and Urban Development Act of 1968, which requires 
Public Housing and Tribal Authorities to prioritize hiring and 
contracting with low-income individuals.
    Section 202: Program Requirements. This section removes the 
requirement in current law that rent charged for a unit equal 
30 percent of the tenant's income in instances where the 
NAHASDA recipient has a written policy governing rents or 
homebuyer payments charged for housing units, and such policy 
includes a provision governing maximum rents or homebuyer 
payments.
    Section 203: Homeownership or Lease-To-Own Low-Income 
Requirement and Income Targeting. This section clarifies that 
housing funded by NAHASDA meets the test for ``affordable'' 
housing if a family is, at the outset of tenancy, low-income, 
as defined by the Act, and its income status subsequently 
changes prior to the family converting its tenancy to 
homeownership or lease-to-own status; and prohibits a NAHASDA 
recipient from requiring a binding affordability commitment for 
any privately owned home that receives property improvements 
that do not exceed 10 percent of the total development costs 
for such home.
    Section 204: Lease Requirements and Tenant Selection. This 
section clarifies that the owner or manager of NAHASDA-funded 
rental housing shall only utilize leases that require a 
specific notice period prior to the termination of the lease.
    Section 205: Tribal Coordination of Agency Funding. This 
section allows NAHASDA recipients to coordinate funding from 
the Indian Health Service to construct sanitation facilities 
for housing construction and renovation projects.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

    Section 301: Authorization of Appropriations. This section 
authorizes $650 million in appropriations for each of fiscal 
years 2014-2018 for the NAHASDA program.
    Section 302: Effect of Undisbursed Block Grant Amounts On 
Annual Allocations. This section authorizes the HUD Secretary 
to recoup unexpended funds that exceed three times a yearly 
allocation for a NAHASDA recipient, with such identified funds 
reallocated to other eligible NAHASDA recipients; institutes a 
process by which recipients exceeding the maximum amount of 
funds have the ability to demonstrate due diligence to the 
Secretary prior to recoupment; and applies only to those 
NAHASDA recipients that receive an annual NAHASDA grant of more 
than $5 million.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

    Section 401: Review and Audit by Secretary. This section 
directs the HUD Secretary to issue a final audit report on a 
NAHASDA recipient within 60 days after the subject of the audit 
has had an opportunity to review and comment on the report, as 
provided by law.
    Section 402: Reports to Congress. This section requires the 
HUD Secretary to provide copies of HUD's statutorily required 
annual report on progress made in accomplishing the objectives 
of the Act, and a summary of the use of the Act's funds, to 
each NAHASDA recipient and to Congress.

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

    Section 501: HUD-Veterans Affairs Supportive Housing 
Program for Native American Veterans. This section authorizes 
HUD to create a rental assistance program for Native American 
veterans modeled on the HUD-Veterans Affairs Supportive Housing 
(HUD-VASH) program; and provides a 5 percent set aside from 
within the VASH funds for the creation of this program.
    Section 502: Loan Guarantees for Indian Housing. This 
section authorizes $12.2 million in appropriations for each of 
fiscal years 2014-2018 for the Loan Guarantees for Indian 
Housing program (also known as the Section 184 program), which 
will support a loan guarantee authority of $976 million.

                        TITLE VI--MISCELLANEOUS

    Section 601: Lands Title Report Commission. This section 
amends the American Homeownership and Economic Opportunity Act 
of 2000 by eliminating the requirement that funds in advance of 
appropriations be provided before the Indian Lands Title Report 
Commission may become operational.
    Section 602: Limitation on the use of Funds for Cherokee 
Nation. This section updates current law to reflect legal 
contingencies involving a membership dispute between the 
Cherokee Nation and the Cherokee Freedmen at the U.S. District 
Court.
    Section 603: Leasehold Interest In Trust or Restricted 
Lands For Housing Purposes. This section allows for 99-year 
leases on tribal lands and grandfathers current leases into the 
99-year requirement.
    Section 604: Clerical Amendment. This section updates the 
Table of Contents of the Native American Housing Assistance and 
Self-Determination Act of 1996.

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

    Section 701: Demonstration Program. This section creates a 
new Title IX, within NAHASDA, authorizing a demonstration 
project on greater tribal self-determination and private 
investment when meeting housing needs.
     Sec. 901: Authority. This section provides 
additional authority to tribes that participate in the 
demonstration project and exempts participating tribes from 
other unrelated provisions of NAHASDA.
     Sec. 902: Participating Tribes. This section 
limits the demonstration project to twenty tribes and sets 
forth eligibility for the program, including a cooperative 
agreement between the participating tribe and HUD.
     Sec. 903: Request for Quotes and Selection of 
Investor Partners. This section sets forth the process by which 
the participating tribe must show due diligence in selection of 
an investor group. Included in these steps is an assessment of 
the housing needs on participating tribes' land.
     Sec. 904: Final Plan. This section requires 
participating tribes to provide HUD with a completed proposal 
for construction of housing needs on tribal land, known as a 
``Final Plan,'' and sets forth what must be included within 
that plan, as well as the requirements that apply to the 
investor partnering with the tribe.
     Sec. 905: HUD Review and Approval of Plan. This 
section sets forth the review and approval process HUD must 
follow when communicating with participating tribes and 
requires HUD to provide detailed information to tribes who have 
had their Final Plans denied or altered.
     Sec. 906: Treatment of NAHASDA Allocation. This 
section prescribes that allocations made to tribes in the 
demonstration project shall be reserved for use in housing 
infrastructure, administrative expenses, and equity for private 
investment.
     Sec. 907: Resale of Affordable Housing. This 
section authorizes participating tribes to resell any 
affordable housing developed under this act, so long as the 
tribe is meeting its affordable housing needs, and has the 
ability to meet future affordable housing needs.
     Sec. 908: Reports, Audits, and Compliance. This 
section requires participating tribes and HUD to provide annual 
reports on the progress of the demonstration project and sets 
forth requirements for HUD audits of participating tribes.
     Sec. 909: Termination of Tribal Participation. 
This section allows tribes to withdraw from the demonstration 
project at any time so long as they maintain any legal 
agreements with investors that participated under the 
demonstration project.
     Sec. 910: Final Report. This section requires a 
HUD report, five years after enactment, on whether the 
demonstration project should be expanded into a permanent 
program.
     Sec. 911: Definitions. This section provides for 
various definitions applicable to NAHASDA and this Act.
     Sec. 912: Notice. This section requires the HUD 
Secretary to carry out the demonstration project by notice 
published in the Federal Register.

         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:

     * * * * * * *

                 TITLE II--AFFORDABLE HOUSING ACTIVITIES

                 Subtitle A--General Block Grant Program

     * * * * * * *
[Sec. 206. Treatment of funds.]
     * * * * * * *
Sec. 211. Tribal coordination of agency funding.
     * * * * * * *

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

     * * * * * * *
Sec. 303 Effect of undisbursed grant amounts on annual allocations.
     * * * * * * *

           TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

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

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

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

           *       *       *       *       *       *       *

SEC. 4. DEFINITIONS.

   For purposes of this Act, the following definitions shall 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          (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.
          [(22)] (23) Tribally designated housing entity.--The 
        terms ``tribally designated housing entity'' and 
        ``housing entity'' have the following meaning:
                  (A) * * *

           *       *       *       *       *       *       *

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

SEC. 101. BLOCK GRANTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Local Cooperation Agreement.--Notwithstanding any other 
provision of this Act, grant amounts provided under this Act on 
behalf of an Indian tribe may not be used for rental or lease-
purchase homeownership units that are owned by the recipient 
for the tribe unless the governing body of the locality within 
which the property subject to the development activities to be 
assisted with the grant amounts is or will be situated has 
entered into an agreement with the recipient for the tribe 
providing for local cooperation required by the Secretary 
pursuant to this Act. The Secretary may waive the requirements 
of this subsection and subsection (d) if the recipient has made 
a good faith effort to fulfill the requirements of this 
subsection and subsection (d) and agrees to make payments in 
lieu of taxes to the appropriate taxing authority in an amount 
consistent with the requirements of subsection (d)(2) until 
such time as the matter of making such payments has been 
resolved in accordance with subsection (d). The Secretary shall 
act upon a waiver request submitted under this subsection by a 
recipient within 60 days after receipt of such request.

           *       *       *       *       *       *       *

  (k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to any 
grant (or portion of a grant) made on behalf of an Indian tribe 
under this Act that is intended to benefit [1] an Indian tribe, 
the tribal employment and contract preference laws (including 
regulations and tribal ordinances ) adopted by the Indian tribe 
that receives the benefit shall apply with respect to the 
administration of the grant (or portion of a grant).

           *       *       *       *       *       *       *

SEC. 103. REVIEW OF PLANS.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

SEC. 105. ENVIRONMENTAL REVIEW.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Environmental Compliance.--The Secretary [may] shall 
waive the requirements under this section if the Secretary 
determines that a failure on the part of a recipient to comply 
with provisions of this section--
          (1) * * *

           *       *       *       *       *       *       *

The Secretary shall act upon a waiver request submitted under 
this subsection by a recipient within 60 days after receipt of 
such request.
  (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. 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 
2009 through 2013] $650,000,000 for each of fiscal years 2014 
through 2018. 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) * * *

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          (6) Exemption.--Title VI of the Civil Rights Act of 
        [1964 and] 1964, title VIII of the Civil Rights Act of 
        1968, and section 3 of the Housing and Urban 
        Development Act of 1968 shall not apply to actions by 
        federally recognized tribes and the tribally designated 
        housing entities of those tribes under this Act.

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SEC. 203. PROGRAM REQUIREMENTS.

  (a) Rents.--
          (1) Establishment.--Subject to [paragraph (2)] 
        paragraphs (2) and (3), each recipient shall develop 
        written policies governing rents and homebuyer payments 
        charged for dwelling units assisted under this Act, 
        including the methods by which such rents and homebuyer 
        payments are determined.

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          (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.

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SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

  (a) In General.--Housing shall qualify as affordable housing 
for purposes of this Act only if--
          (1) each dwelling unit in the housing--
                  (A) * * *

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                  (C) in the case of a lease-purchase agreement 
                for existing housing or for housing to be 
                constructed, is made available for lease-
                purchase only by a family that is a low-income 
                family at the time the agreement is entered 
                into; [and]

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                  (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

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  (c) Applicability.--The provisions of paragraph (2) of 
subsection (a) regarding binding commitments for the remaining 
useful life of property shall not apply to a family or 
household member who subsequently takes ownership of a 
homeownership unit. 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.

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SEC. 207. LEASE REQUIREMENTS AND TENANT SELECTION.

  (a) * * *

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  (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).

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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.

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TITLE III--ALLOCATION OF GRANT AMOUNTS

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

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

TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

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SEC. 405. REVIEW AND AUDIT BY SECRETARY.

  (a) * * *

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  (c) Review of Reports.--
          (1) * * *

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          (3) Issuance of final report.--The Secretary shall 
        issue a final report within 60 days after receiving 
        comments under paragraph (1) from a recipient.

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SEC. 407. REPORTS TO CONGRESS.

  (a) In General.--Not later than 90 days after the conclusion 
of each fiscal year in which assistance under this Act is made 
available, the Secretary shall submit to the [Congress] 
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, a report that contains--
          (1) * * *

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  (c) Public Availability to Recipients.--Each report submitted 
pursuant to subsection (a) shall be made publicly available to 
recipients.

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TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

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SEC. 702. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR 
                    HOUSING PURPOSES.

  (a) * * *
  (b) Term.--Each lease pursuant to subsection (a) shall be for 
a term not exceeding [50 years] 99 years.
  (c) Rule of Construction.--This section may not be construed 
to repeal, limit, or affect any authority to lease any trust or 
restricted Indian lands that--
          (1) is conferred by or pursuant to any other 
        provision of law, whether enacted before, on, or after 
        the date of the enactment of this section; or
          (2) provides for leases for any period exceeding [50 
        years] 99 years.

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

SEC. 901. AUTHORITY.

  (a) in General.--In addition to any other authority provided 
in this Act for the construction, development, maintenance, and 
operation of housing for Indian families, the Secretary shall 
provide the participating tribes having final plans approved 
pursuant to section 905 with the authority to exercise the 
activities provided under this title and such plan for the 
acquisition and development of housing to meet the needs of 
tribal members.
  (b) Inapplicability of NAHASDA Provisions.--Except as 
specifically provided otherwise in this title, titles I through 
IV, VI, and VII shall not apply to a participating tribe's use 
of funds during any period that the tribe is participating in 
the demonstration program under this title.
  (c) Continued Applicability of Certain NAHASDA Provisions.--
The following provisions of titles I through VIII shall apply 
to the demonstration program under this title and amounts made 
available under the demonstration program under this title:
          (1) Subsections (d) and (e) of section 101 (relating 
        to tax exemption).
          (2) Section 101(j) (relating to Federal supply 
        sources).
          (3) Section 101(k) (relating to tribal preference in 
        employment and contracting).
          (4) Section 104 (relating to treatment of program 
        income and labor standards).
          (5) Section 105 (relating to environmental review).
          (6) Section 201(b) (relating to eligible families), 
        except as otherwise provided in this title.
          (7) Section 203(g) (relating to a de minimis 
        exemption for procurement of goods and services).
          (8) Section 702 (relating to 99-year leasehold 
        interests in trust or restricted lands for housing 
        purposes).

SEC. 902. PARTICIPATING TRIBES.

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

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

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

SEC. 904. FINAL PLAN.

  A final plan under this section shall--
          (1) be developed by the participating tribe and the 
        investor partner for the tribe selected pursuant to 
        section 903(b)(1)(A);
          (2) identify the qualified entity that assisted the 
        tribe in assessing the housing needs of the tribe;
          (3) set forth a detailed description of such 
        projected housing needs, including affordable housing 
        needs, of the tribe, which shall include--
                  (A) a description of such need over the 
                ensuing 24 months and thereafter until the 
                expiration of the ensuing 5-year period or 
                until the affordable housing need is met, 
                whichever occurs sooner; and
                  (B) the same information that would be 
                required under section 102 to be included in an 
                Indian housing plan for the tribe, as such 
                requirements may be modified by the Secretary 
                to take consideration of the requirements of 
                the demonstration program under this title;
          (4) provide for specific housing activities 
        sufficient to meet the tribe's housing needs, including 
        affordable housing needs, as identified pursuant to 
        paragraph (3) within the periods referred to such 
        paragraph, which shall include--
                  (A) development of affordable housing (as 
                such term is defined in section 4 of this Act 
                (25 U.S.C. 4103));
                  (B) development of conventional homes for 
                rental, lease-to-own, or sale, which may be 
                combined with affordable housing developed 
                pursuant to subparagraph (A);
                  (C) development of housing infrastructure, 
                including housing infrastructure sufficient to 
                serve affordable housing developed under the 
                plan; and
                  (D) investments by the investor partner for 
                the tribe, the participating tribe, members of 
                the participating tribe, and financial 
                institutions and other outside investors 
                necessary to provide financing for the 
                development of housing under the plan and for 
                mortgages for tribal members purchasing such 
                housing;
          (5) provide that the participating tribe will agree 
        to provide long-term leases to tribal members 
        sufficient for lease-to-own arrangements for, and sale 
        of, the housing developed pursuant to paragraph (4);
          (6) provide that the participating tribe--
                  (A) will be liable for delinquencies under 
                mortgage agreements for housing developed under 
                the plan that are financed under the plan and 
                entered into by tribal members; and
                  (B) shall, upon foreclosure under such 
                mortgages, take possession of such housing and 
                have the responsibility for making such housing 
                available to other tribal members;
          (7) provide for sufficient protections, in the 
        determination of the Secretary, to ensure that the 
        tribe and the Federal Government are not liable for the 
        acts of the investor partner or of any contractors;
          (8) provide that the participating tribe shall have 
        sole final approval of design and location of housing 
        developed under the plan;
          (9) set forth specific deadlines and schedules for 
        activities to be undertaken under the plan and set 
        forth the responsibilities of the participating tribe 
        and the investor partner;
          (10) set forth specific terms and conditions of 
        return on investment by the investor partner and other 
        investors under the plan, and provide that the 
        participating tribe shall pledge grant amounts 
        allocated for the tribe pursuant to title III for such 
        return on investment;
          (11) set forth the terms of a cooperative agreement 
        on the operation and management of the current 
        assistance housing stock and current housing stock for 
        the tribe assisted under the preceding titles of this 
        Act;
          (12) set forth any plans for sale of affordable 
        housing of the participating tribe under section 907 
        and, if included, plans sufficient to meet the 
        requirements of section 907 regarding meeting future 
        affordable housing needs of the tribe;
          (13) set forth terms for enforcement of the plan, 
        including an agreement regarding jurisdiction of any 
        actions under or to enforce the plan, including a 
        waiver of immunity; and
          (14) include such other information as the 
        participating tribe and investor partner consider 
        appropriate.

SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.

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

SEC. 906. TREATMENT OF NAHASDA ALLOCATION.

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

SEC. 907. RESALE OF AFFORDABLE HOUSING.

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

SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.

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

SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.

  (a) Termination of Participation.--A participating tribe may 
terminate participation in the demonstration program under 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.
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                   UNITED STATES HOUSING ACT OF 1937

TITLE I--GENERAL PROGRAM OF ASSISTED HOUSING

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                    lower income housing assistance

  Sec. 8. (a) * * *

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  (o) Voucher Program.--
          (1) * * *

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          (19) Rental vouchers for veterans affairs supported 
        housing program.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (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.

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HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1992

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TITLE I--HOUSING ASSISTANCE

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Subtitle E--Homeownership Programs

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SEC. 184. LOAN GUARANTEES FOR INDIAN HOUSING.

  (a) * * *

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  (i) Indian Housing Loan Guarantee Fund.--
          (1) * * *

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          (5) Limitation on commitments to guarantee loans and 
        mortgages.--
                  (A) * * *
                  (B) Limitations on costs of guarantees.--The 
                authority of the Secretary to enter into 
                commitments to guarantee loans under this 
                section shall be effective for any fiscal year 
                only to the extent that amounts in the 
                Guarantee Fund are or have been made available 
                in appropriation Acts to cover the costs (as 
                such term is defined in section 502 of the 
                Congressional Budget Act of 1974) of such loan 
                guarantees for such fiscal year. There are 
                authorized to be appropriated for such costs 
                $12,200,000 for each of fiscal years 2014 
                through 2018. Any amounts appropriated pursuant 
                to this subparagraph shall remain available 
                until expended.
                  (C) Limitation on outstanding aggregate 
                principal amount.--Subject to the limitations 
                in subparagraphs (A) and (B), the Secretary may 
                enter into commitments to guarantee loans under 
                this section in each of fiscal years [2008 
                through 2012] 2014 through 2018 with an 
                aggregate outstanding principal amount not 
                exceeding [such amount as may be provided in 
                appropriation Acts for] $976,000,000 for each 
                such fiscal year.

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AMERICAN HOMEOWNERSHIP AND ECONOMIC OPPORTUNITY ACT OF 2000

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SEC. 501. LANDS TITLE REPORT COMMISSION.

  (a) Establishment.--[Subject to sums being provided in 
advance in appropriations Acts, there] There is established a 
Commission to be known as the Lands Title Report Commission 
(hereafter in this section referred to as the ``Commission'') 
to facilitate home loan mortgages on Indian trust lands. The 
Commission will be subject to oversight by the Committee on 
Banking and Financial Services of the House of Representatives 
and the Committee on Banking, Housing, and Urban Affairs of the 
Senate.
  (b) Membership.--
          (1) Appointment.--The Commission shall be composed of 
        12 members, appointed not later than 90 days after the 
        date of the enactment of [this Act] the Native American 
        Housing Assistance and Self-Determination 
        Reauthorization Act of 2014 as follows:
                  (A) * * *

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       NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
REAUTHORIZATION ACT OF 2008

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                       TITLE VIII--MISCELLANEOUS

SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION.

  No funds authorized under this Act, or the amendments made by 
this Act, or appropriated pursuant to an authorization under 
this Act or such amendments, shall be expended for the benefit 
of the Cherokee Nation; provided, that this limitation shall 
not be effective if the [Temporary Order and Temporary 
Injunction issued on May 14, 2007, by the District Court of the 
Cherokee Nation] Order issued September 21, 2011, by the 
Federal District Court for the District of Columbia remains in 
effect during the pendency of litigation or there is a 
settlement agreement which effects the end of litigation among 
the adverse parties.

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                             MINORITY VIEWS

     H.R. 4329, THE ``NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
                     DETERMINATION ACT (NAHASDA)''

    The Native American Housing Assistance and Self-
Determination Act (NAHASDA) provides critical funding for 
tribal residents that are in need of safe and affordable 
housing. However, this reauthorization bill includes several 
changes to NAHASDA that are harmful to program recipients. In 
particular, H.R. 4329 would do away with the 30 percent maximum 
rent requirement, would fail to ensure that Cherokee Freedmen 
and Native Hawaiians remain beneficiaries of the Act, and would 
create a questionable new demonstration program.
    The 30 percent maximum rent requirement, or the ``Brooke 
rule'', is a longstanding federal housing policy that limits a 
tenant's rent to 30 percent of their gross adjusted income, 
which is widely considered the benchmark for housing 
affordability. The Brooke rule was enacted in 1969, and has 
been a requirement of NAHASDA since its inception. H.R. 4329 
would waive the Brooke rule for recipients of NAHASDA without 
any limitations or hardship exemptions, which could have 
devastating impacts on children, families, and seniors.
    H.R. 4329 would further fail to ensure that the Cherokee 
Freedmen remain beneficiaries of NAHASDA. The Cherokee Freedmen 
are the descendants of former African-American slaves of the 
Cherokees. In 1866, the Cherokee Nation signed a treaty with 
the U.S. granting the Freedmen ``all the rights of Native 
Cherokees.'' However, for over a decade, the Cherokee Nation 
has been attempting to expel the Freedmen from its citizenry, 
which would leave the Freedmen without fundamental rights such 
as the right to vote, and without access to critical services 
including health care and housing. This issue is currently 
being litigated in federal court. If the case is decided 
against the Freedmen, H.R. 4329 would do nothing to protect 
them. The Freedmen would be stripped of their Cherokee 
citizenship and any benefits of NAHASDA. NAHASDA funding to the 
Cherokee Nation should be contingent upon the tribe's full 
compliance with the 1866 treaty, and full recognition of the 
Freedmen as Cherokee citizens.
    This reauthorization bill would also exclude Native 
Hawaiians, who have been beneficiaries of NAHASDA since 2000. 
H.R. 4329 fails to reauthorize the Native Hawaiian programs 
despite the dire housing needs among the Native Hawaiian 
population.
    Finally, H.R. 4329 would create a new demonstration program 
that moves towards the privatization and deregulation of 
NAHASDA. The demonstration would allow participating tribes to 
use their block grant funds to guarantee a return on private 
investment into affordable housing activities. Tribes that 
choose to participate in this demonstration would be exempted 
from a long list of NAHASDA requirements, including critical 
tenant protection provisions. The demonstration lacks any sort 
of hardship exemptions for affected tenants and rigorous third 
party evaluation. NAHASDA funding should be prioritized to 
house families most in need, not to guarantee profit to private 
investors.
    During consideration of H.R. 4329, Democrats offered 
several amendments to address the issues outlined above, but 
they were each rejected by the Republicans. Ranking Member 
Waters offered two amendments, one to strike the provision in 
the bill regarding the Brooke rule, and one to make funding to 
the Cherokee Nation contingent upon their full compliance with 
the Treaty of 1866, and full recognition of the Freedmen as 
Cherokee citizens. Representative Moore offered an amendment 
that would reauthorize the Native Hawaiian programs. Lastly, 
Representative Kildee offered an amendment to strike the 
demonstration program from the bill. Each of these amendments 
was rejected on a party-line vote.
    While Democrats fully support reauthorization of NAHASDA, 
we remain disappointed that H.R. 4329, in its current form, 
fails to address these critical concerns. Moving forward, we 
urge the House to allow for an amendment process that will 
allow for meaningful consideration of these issues.
                                   Maxine Waters.
                                   Ruben Hinojosa.
                                   Al Green.
                                   Daniel T. Kildee.
                                   David Scott.
                                   Gwen Moore.
                                   Michael E. Capuano.
                                   Keith Ellison.
                                   Gary C. Peters.
                                   Joyce Beatty.
                                   Wm. Lacy Clay.
                                   Denny Heck.
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