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[Senate Report 107-246]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-246

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

 
 NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996

                                _______
                                

                August 28, 2002.--Ordered to be printed

   Filed under authority of the order of the Senate of July 29, 2002

                                _______
                                

    Mr. Inouye, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1210]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1210) to reauthorize the Native American Housing 
Assistance and Self-Determination Act of 1996, having 
considered the same, reports favorably thereon with amendment 
and recommends that the bill as amended do pass.

                                Purposes

    The purpose of S. 1210 is to re-authorize the Native 
American Housing Assistance and Self-Determination Act of 1996, 
to improve the delivery of housing assistance to Indian tribes 
in a manner that recognizes the right of tribal self-
governance, and for other purposes.

                               Background

    The United States Housing Act of 1937 created the Public 
Housing Program in order to provide decent and safe housing for 
low-income families. For many years, this act was interpreted 
to exclude Native Americans living in or near tribal areas. It 
was not until the 1960's that Indian housing programs were 
undertaken by the Public Housing Administration, the 
predecessor of the Department of Housing and Urban Development 
(HUD). Eventually, HUD assumed responsibility for Indian 
housing programs and in 1988 the Indian Housing Act established 
a separate Indian housing program with regulations specific to 
this program.
    Native American housing stock is often characterized as 
``poor'' and substandard. In fact, Native American housing has 
been found to be the worst in the nation and has been compared 
to that of Third World countries.
    The following statistics demonstrate the dire need for 
additional housing stock and improvements in current housing 
stock. As determined by the 1990 census, one out of every five 
Indian homes lacks complete plumbing facilities. In addition, a 
full forty percent (40%) of Native Americans residing on trust 
land live in overcrowded or physically inadequate housing, 
compared to six percent (6%) of the overall United States 
population.\1\ Finally, the demand for Indian housing is 
increasing as the Native American population continues to grow.
---------------------------------------------------------------------------
    \1\ Assessment of American Indian Housing Needs and Programs, Urban 
Institute, May 1996.
---------------------------------------------------------------------------
    In 1996, the NAHASDA \2\ was enacted and became effective 
on October 1, 1997. Building on the highly successful Indian 
Self Determination and Education Assistance Act (ISDEAA) of 
1975, as amended, 25 U.S.C. 450 et seq., which authorized 
Indian tribes to assume responsibility for the administration 
of many Federal programs and services, NAHASDA reflects the 
unique government-to-government relationship between Indian 
tribes and the Federal government.
---------------------------------------------------------------------------
    \2\ Native American Housing Assistance and Self-Determination Act 
of 1996, Pub. L. 104-330, 25 U.S.C. Sec. 4104-4195 (Supp. 1996).
---------------------------------------------------------------------------
    Before passage of the NAHASDA, the planning, financing, and 
building of Indian housing was largely determined by Federal 
officials with scant input from the affected parties--the 
Indians. NAHASDA was groundbreaking in that it established a 
single, flexible block grant for Indian tribes or their 
tribally-designated housing entities (TDHEs) to design and 
administer housing assistance to tribal members. Tribes must 
file annual audits and monitoring and oversight of the block 
grant funding continues to be provided by HUD.

                      Section-by-Section Analysis

    As introduced, S. 1210 provided a routine re-authorization 
of the 1996 Act, as amended, through FY 2007. A section-by-
section description of the changes contained in the substitute 
amendment is set out below.

Section 1. Short title

    The short title for this legislation is the Native American 
Housing and Self-Determination Reauthorization Act of 2001.

Sec. 2. Reauthorization

    This legislation tracks the letter and spirit of the 
NAHASDA in large part. In the findings of the original Act, 
Congress found that the Federal government has a trust 
responsibility for the protection and preservation of Indian 
tribes; that there is a need for affordable homes in safe and 
healthy environments; and that Congress should assist in the 
goals of achieving economic self-sufficiency and self-
determination for tribes and their members. With this 
legislation, the goals of the NAHASDA will be furthered with a 
renewed emphasis on infrastructure and community development.

Sec. 3. Definitions

    Section 4 of the Act is amended to include the following 
definition:
    ``(22) Housing related community development.--The term 
``housing related community development'' means a tribally-
owned and operated facility, business activity, or 
infrastructure that is necessary to the direct construction of 
reservation housing, and that would help the Indian tribe or 
its tribally-designated housing authority reduce the cost of 
construction of Indian housing or otherwise promote the 
findings of this act. For purposes of this section, the term 
``housing related community development'' shall not include 
activities conducted by any Indian tribe under the provisions 
of the Indian Gaming Regulatory Act 25 U.S.C. 2710 et seq. as 
amended.

Sec. 4. Block grants and grant requirements

    With regard to comprehensive housing and community 
development planning, changes to this section would authorize 
community development planning activities as part of NAHASDA's 
administrative and planning expense category. The intent of the 
Committee is to make NAHASDA funds available for purposes of 
development a community master plan consisting of roads, 
schools, businesses and recreational areas.

Sec. 5. Treatment of program income and labor standards

    Currently, HUD views any revenue or income derived from 
housing built using NAHASDA funds as ``program income''. In 
turn, all program income must be expended before a tribe may 
make further use of its NAHASDA funds.
    Changes included in section 5 clarify that tribes or their 
tribally-designated housing entities may expend NAHASDA funds 
even if they are receiving program income from their 
residential projects built using prior Indian housing funds.

Sec. 6. Regulations

    This section clarifies NAHASDA as requiring that negotiated 
rule-making procedures are applicable to regulations issued 
pursuant to the 1996 Act as well as all amendments made to the 
Act subsequent to 1996.

Sec. 7. Federal guarantees or financing for tribal housing activities

    Changes included in section 7 remove the current 
restriction that requires tribes or their TDHEs to seek 
alternative financing before utilizing Title VI guaranteed loan 
funds. These changes would similarly authorize Title VI funding 
to be used for ``housing related or community development''.

Sec. 8. Feasibility studies to improve the delivery of housing 
        assistance in native communities

    Section 8 requires that the Secretary undertake and 
complete two feasibility studies: first, to determine whether a 
community development demonstration project using NAHASDA funds 
for strictly economic development purposes is feasible; and 
second, whether NAHASDA funding should be made available to 
tribes and tribal organizations in a manner consistent with the 
provisions of the Indian Self Determination and Education 
Assistance Act, 25 U.S.C. 450 et seq., in order to maximize 
tribal authority and decision-making in the design and 
implementation of housing activities.

Sec. 9. Insurance and housing contingencies

    Section 9 amends the NAHASDA to provide an effective 
Federal response to the life-threatening problems of black mold 
which have rendered and may continue to render NAHASDA-assisted 
housing uninhabitable. Section 9 proposes relief to address 
black mold remediation and repair. This section authorizes the 
development of appropriate protocols and construction practices 
to be required in all NAHASDA-assisted housing to eliminate the 
conditions that give rise to black mold. A report to Congress 
on the effectiveness of the protocol implementation and 
construction practices is required within one year of enactment 
of this legislation.

Sec. 10. Native Hawaiian housing

    Section 10 amends NAHASDA to authorize the Secretary of HUD 
to enter into negotiated rulemaking with representatives of the 
Office of Hawaiian Affairs (OHA) to determine the conditions 
under which OHA may participate in the block grant assistance 
program to provide affordable housing for low income Native 
Hawaiians. The amendment also authorizes the Secretary to make 
grants to OHA to carry out affordable housing activities for 
Native Hawaiians and to require the submission of housing plans 
by OHA to the Secretary.

                          Legislative History

    The Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002 (S. 1210) was 
introduced on July 20, 2001, by Senator Campbell, for himself, 
and for Senators Inouye, Burns and Johnson. Subsequent to July 
20, Senators Akaka, Bingaman, Cantwell, Domenici, Inhofe, 
Baucus, Daschle, Feingold and McCain were added as co-sponsors. 
S. 1210 was referred to the Committee on Indian Affairs and a 
hearing was held on the bill on February 13, 2002. On July 18, 
2002, the Committee on Indian Affairs convened a business 
meeting to consider S. 1210 and other measures that had been 
referred to it, and on that date, the Committee favorably 
reported a substitute amendment to S. 1210.

            Committee Recommendation and Tabulation of Vote

    On July 18, 2002, the Committee on Indian Affairs, in an 
open business session, adopted an amendment in the nature of a 
substitute to S. 1210 by voice vote and ordered the bill, as 
amended, reported favorably to the Senate.

                    Cost and Budgetary Consideration

    The cost estimate for S. 1210 as calculated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 31, 2002.
Hon. Daniel K. Inouye,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1210, the Native 
American Housing Assistance and Self-Determination 
Reauthorization Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Chad Chirico.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1210--Native American Housing Assistance and Self-Determination 
        Reauthorization Act of 2002

    Summary: Programs under the Native American Housing 
Assistance and Self-Determination Act of 1996 (NAHASDA) were 
authorized through 2001 and were continued in 2002 by the 
Departments of Veterans Affairs and Housing and Urban 
Development (HUD), and Independent Agencies Appropriations Act, 
2002. Enacting S. 1210 would reauthorize these programs through 
2007 and would authorize appropriations for HUD to develop 
protocols and construction standards to eliminate black mold in 
NAHASDA assisted properties.
    CBO estimates that the bill would authorize total 
appropriations of $669 million in 2003 and about $3.5 billion 
over the 2003-2007 period, assuming that annual levels are 
adjusted to keep pace with inflation. CBO estimates that 
appropriations of those amounts would result in additional 
outlays of $2.3 billion over the 2003-2007 period.
    Enacting the bill would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
S. 1210 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1210 is shown in the following table. 
The costs of this legislation fall within budget functions 600 
(income security) and 370 (commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority \1\..................................      655        0        0        0        0        0
    Estimated outlays.....................................      695      443      306      210      133       56
Proposed changes:
Block grants, Title VI loan guarantees, and technical
 assistance:
    Estimated authorization level.........................        0      661      675      689      702      716
    Estimated outlays.....................................        0      240      380      482      568      647
Indian housing loan guarantees:
    Estimated authorization level.........................        0        6        6        6        6        6
    Estimated outlays.....................................        0        6        6        6        6        6
Develop protocols and construction practices:
    Estimated authorization level.........................        0        2        0        0        0        0
    Estimated outlays.....................................        0        2        0        0        0        0
Total proposed changes:
    Estimated authorization level.........................        0      669      681      695      708      722
    Estimated outlays.....................................        0      248      386      488      574      653
Spending under S. 1210:
    Estimated authorization level.........................      655      669      681      695      708      722
    Estimated outlays.....................................      695      691      692      698      707      709
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for all programs authorized under NAHASDA, including
  Native American Housing Block Grants, Title VI Loan Guarantees, Technical Assistance, and Title I Indian
  Housing Loan Guarantees.

    Basis of estimate: Block Grants, Title VI Loan Guarantees, 
and Technical Assistance. Section 2 would authorize the 
appropriation of such sums as necessary through 2007 for Native 
American Housing Block Grants, Title VI loan guarantees, and 
training and technical assistance. For 2002, $649 million was 
appropriated for these purposes. Assuming inflation-adjusted 
appropriations, CBO estimates that the bill would authorize 
$3.4 billion for the 2003-2007 period, with outlays of $2.3 
billion (from the new funding) over the same period.
    Indian Housing Loan Guarantees. Section 2 also would 
authorize the appropriation of such sums as necessary through 
2007 for loan guarantees for Indian families, housing 
authorities, and tribes. For 2002, $6 million was appropriated 
for such loan guarantees. Assuming funded activities would 
remain at similar levels, CBO estimates that implementing these 
provisions would cost $6 million in 2003 and $30 million over 
the next five years.
    Develop Protocols and Construction Practices. Section 9 
would authorize the appropriation of such sums as necessary to 
develop and implement appropriate protocols and construction 
practices to eliminate the conditions that give rise to black 
mold and other cumulative maladies that render housing assisted 
under NAHASDA dangerous or uninhabitable. This section would 
also require HUD to complete and submit two reports to the 
Congress on the extent of black mold infestation of Native 
American housing and the effectiveness of the implementation of 
the new protocols. Based on information from HUD, CBO estimates 
that implementing this section would cost $2 million in 2003.
    Pay as you go considerations: None.
    Intergovernmental and private-sector impact: S. 1210 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The bill would benefit any tribal 
government receiving grants under this bill, and any costs they 
incur would be voluntary.
    Estimate prepared by: Federal costs: Chad Chirico and 
Susanne S. Mehlman; impact on State, local, and tribal 
governments: Greg Waring; impact on the private sector: Cecil 
McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill to 
evaluate the regulatory paperwork impact that would be incurred 
in implementing the legislation. The Committee has concluded 
that enactment of S. 1210 will create only de minimis 
regulatory or paperwork burdens.

                        Executive Communications

    The Committee has received no official communication from 
the Administration on the provisions of the bill.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
enactment of S. 1210 will result in the following changes in 25 
U.S.C. Sec. 4101 et seq., with existing language which is to be 
deleted in black brackets and the new language to be added in 
italic:
    Short Title.--This Act may be cited as the Native American 
Housing Assistance and Self-Determination Reauthorization Act 
of 2002.

           *       *       *       *       *       *       *

                             25 U.S.C. 4117

    Authorization of Appropriations.--There are authorized to 
be appropriated for grants under this title such sums as may be 
necessary for each of fiscal years [1998, 1999, 2000, and 
2001.] 1998 through 2007. This section shall take effect on the 
date of the enactment of this Act.

           *       *       *       *       *       *       *

                           25 U.S.C. 4195(a)

    (a) Aggregate Fiscal Year Limitation.--Notwithstanding any 
other provision of law and subject only to the absence of 
qualified applicants or proposed activities and to the 
authority provided in this title, to the extent approved or 
provided in appropriations Acts, the Secretary may enter into 
commitments to guarantee notes and obligations under this title 
with an aggregate principal amount not to exceed $400,000,000 
for each of fiscal years [1997, 1998, 1999, 2000, and 2001.] 
1997 through 2007.

           *       *       *       *       *       *       *

                           25 U.S.C. 4195(b)

    (b) Authorization of Appropriations for Credit Subsidy.--
There are authorized to be appropriated to cover the costs (as 
such term is defined in section 502 of the Congressional Budget 
Act of 1974) of guarantees under this title such sums as may be 
necessary for each of fiscal years [1997, 1998, 1999, 2000, and 
2001.] 1997 through 2007.

           *       *       *       *       *       *       *

                             25 U.S.C. 4212

    Training and Technical Assistance.--There are authorized to 
be appropriated for assistance for a national organization 
representing Native American housing interests forproviding 
training and technical assistance to Indian housing authorities and 
tribally designated housing entities such sums as may be necessary for 
each of fiscal years [1997, 1998, 1999, 2000, and 2001.] 1997 through 
2007.

           *       *       *       *       *       *       *

                      12 U.S.C. 1715z-13a(i)(5)(C)

    (z-13a(i)(5)(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 fiscal year with an 
aggregate outstanding principal amount not exceeding such 
amount as may be provided in appropriation Acts for [such 
fiscal year.] each of fiscal years 1997 through 2007.

           *       *       *       *       *       *       *

                       12 U.S.C. 1715z-13a(i)(7)

    (z-13a(i)(7)) Authorization of Appropriations.--There are 
authorized to be appropriated to the Guarantee Fund to carry 
out this section such sums as may be necessary for [each fiscal 
year.] each of fiscal years 1997 through 2007.

           *       *       *       *       *       *       *

25 U.S.C. 4103

           *       *       *       *       *       *       *

          (22) Housing related community development.--
                  (A) In general.--The term ``housing related 
                community development'' means any tribally-
                owned and operated facility, business, 
                activity, or infrastructure that--
                          (i) is necessary to the direct 
                        construction of reservation housing; 
                        and
                          (ii) would help an Indian tribe or 
                        its tribally-designated housing 
                        authority reduce the cost of 
                        construction of Indian housing or 
                        otherwise promote the findings of this 
                        Act.
                  (B) Exclusion.--The term ``housing and 
                community development'' does not include any 
                activity conducted by any Indian tribe under 
                the Indian Gaming Regulatory Act (25 U.S.C. 
                2710 et seq.)

           *       *       *       *       *       *       *

                           25 U.S.C. 4111(h)

    (h) Administrative and Planning Expenses.--The Secretary 
shall, by regulation, authorize each recipient to use a 
percentage of any grant amounts received under this Act for 
comprehensive housing and community development planning 
activities and for any reasonable administrative and planning 
expenses of the recipient relating to carrying out this Act and 
activities assisted with such amounts, which may include costs 
for salaries of individuals engaged in administering and 
managing affordable housing activities assisted with grant 
amounts provided under this Act and expenses of preparing an 
Indian housing plan under section 102.

           *       *       *       *       *       *       *

                          25 U.S.C. 4114(a)(1)

    (a)(1) Authority To Retain.--[A recipient] Notwithstanding 
any other provisions of this Act, a recipient may retain any 
program income that is realized from any grant amounts under 
this Act if--

           *       *       *       *       *       *       *

                        25 U.S.C. 4114(a)(1)(B)

    (a)(1)(B).--[(B) the recipient has agreed that it will 
utilize the program income for affordable housing activities in 
accordance with the provisions of this Act.] (B) the recipient 
has agreed that it will utilize such income for housing related 
activities in accordance with this Act.

           *       *       *       *       *       *       *

                          25 U.S.C. 4114(a)(2)

    (a)(2) Prohibition of Restricted Access or Reduction of 
Grant.--The Secretary may not reduce the grant amount for any 
Indian tribe based solely on--
          (A) whether the recipient for the tribe retains 
        program income under paragraph (1);
          (B) the amount of any such program income retained; 
        [or]
          (C) whether the recipients retains amounts described 
        in section 210[.]; or
          (C) whether the recipient has expanded retained 
        program income for housing-related activities.

           *       *       *       *       *       *       *

                        25 U.S.C. 4116(b)(2)(A)

    (b)(2)(A) In General.--Notwithstanding sections 563(a) and 
565(a) of title 5, United States Code, all regulations required 
under this Act, including any regulations that may be required 
pursuant to amendments made to this Act after the date of 
enactment of this Act, shall be issued according to a 
negotiated rulemaking procedure under subchapter III of chapter 
5 of title 5, United States Code.

           *       *       *       *       *       *       *

                             25 U.S.C. 4191

    Authority and Requirements.
    (a) Authority.--To such extent or in such amounts as 
provided in appropriations Acts, the Secretary may, subject to 
the limitations of this title (including limitations designed 
to protect and maintain the viability of rental housing units 
owned or operated by the recipient that were developed under a 
contract between the Secretary and an Indian housing authority 
pursuant to the United States Housing Act of 1937), and upon 
such terms and conditions as the Secretary may prescribe, 
guarantee and make commitments to guarantee, the notes or other 
obligations issued by Indian tribes or tribally designed 
housing entities with tribal approval, for the purposes of 
financing affordable housing activities described in section 
202 and housing related community development activity as 
consistent with the purposes of this Act.
    [(b) Lack of Financing Elsewhere.--A guarantee under this 
title may be used to assist an Indian tribe or housing entity 
in obtaining financing only if the Indian tribe or housing 
entity has made efforts to obtain such financing without the 
use of such guarantee and cannot complete such financing 
consistent with the timely execution of the program plans 
without such guarantee.]
    [(c)] (b) Terms of Loans.--Notes or other obligations 
guaranteed pursuant to this title shall be in such form and 
denominations, have such maturities, and be subject to such 
conditions as may be prescribed by regulations issued by the 
Secretary. The Secretary may not deny a guarantee under this 
title on the basis of the proposed repayment period for the 
note or other obligation, unless the period is more than 20 
years or the Secretary determines that the period causes the 
guarantee to constitute an unacceptable financial risk.
    [(d)] (c) Limitation on Outstanding Guarantees.--No 
guarantee or commitment to guarantee shall be made with respect 
to any note or other obligation if the total outstanding notes 
or obligations of the issuer guaranteed under this title 
(excluding any amount defeased under the contract entered into 
under section 602(a)(1)) would thereby exceed an amount equal 
to 5 times the amount of the grant approval for the issuer 
pursuant to title III.

           *       *       *       *       *       *       *

25 U.S.C. 4132

           *       *       *       *       *       *       *

          (7) Community development demonstration project.--
                  (A) In general.--Consistent with principles 
                of Indian self-determination and the findings 
                of this Act, the Secretary shall conduct and 
                submit to Congress a study of the feasibility 
                of establishing a demonstration project in 
                which Indian tribes, tribal organizations, or 
                tribal consortia are authorized to expend 
                amounts received pursuant to the Native 
                American Housing Assistance and Self-
                Determination Reauthorization Act of 2002 in 
                order to design, implement, and operate 
                community development demonstration projects.
                  (B) Study.--Not later than 1 year after the 
                date of enactment of the Native American 
                Housing Assistance and Self-Determination 
                Reauthorization Act of 2002, the Secretary 
                shall submit the study conducted under 
                subparagraph (A) to the Committee on Banking, 
                Housing, and Urban Affairs and the Committee on 
                Indian Affairs of the Senate, and the Committee 
                on Financial Services and the Committee on 
                Resources of the House of Representatives.
          (8) Self-determination act demonstration project.--
                  (A) In general.--Consistent with the 
                provisions of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et 
                seq.), the Secretary shall conduct and submit 
                to Congress a study of the feasibility of 
                establishing a demonstration project in which 
                Indian tribes and tribal organizations are 
                authorized to receive assistance in a manner 
                that maximizes tribal authority and decision-
                making in the design and implementation of 
                Federal housing and related activity funding.
                  (B) Study.--Not later than 1 year after the 
                date of enactment of the Native American 
                Housing Assistance and Self-Determination 
                Reauthorization Act of 2002, the Secretary 
                shall submit the study conducted under 
                subparagraph (A) to the Committee on Banking, 
                Housing, and Urban Affairs and the Committee on 
                Indian Affairs of the Senate, and the Committee 
                on Financial Services and the Committee on 
                Resources of the House of Representatives.
    (a) Development Protocols and Construction Practices.--The 
Secretary of Housing and Urban Development, in cooperation with 
Indian tribes, the National American Indian Housing Council, 
AMERIND, other tribal organizations as appropriate, and experts 
from the housing and construction sectors, shall develop 
appropriate protocols and construction practices to eliminate, 
to the maximum extent feasible, the conditions that give rise 
to black mold and other cumulative maladies that render housing 
assisted under this Act, dangerous or uninhabitable.
    (b) Implementation of Protocols and Construction 
Projects.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Housing and Urban Affairs, acting 
through the Office of Healthy Homes and the Office of Native 
American Programs, shall implement the protocols and 
construction practices developed under subsection (a) in all 
construction, renovation, and repair of housing assisted with 
funds provided under this Act.
    (c) Report to Congress.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Housing and 
Urban Affairs shall complete and submit to Congress a report 
that details--
          (1) the effectiveness of the implementation of the 
        protocols and construction practices; and
          (2) whether statutory, regulatory, or administrative 
        changes need to be made to improve the effectiveness of 
        the efforts of the Department of Housing and Urban 
        Affairs to eliminate the conditions that give rise to 
        black mold and other cumulative maladies.
    (d) Black Mold Infestation.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of Housing and 
Urban Development shall--
          (1) complete a study on the extent of black mold 
        infestation of Native American housing in the United 
        States; and
          (2) submit to Congress a report that describes 
        recommendations of the Secretary for means by which to 
        address the infestation.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.

           *       *       *       *       *       *       *

25 U.S.C. 4221

           *       *       *       *       *       *       *

          (10) Office of hawaiian affairs.--The term ``Office 
        of Hawaiian Affairs'' means the entity of that name 
        established under the Constitution of the State of 
        Hawaii.

SEC. 825. OFFICE OF HAWAIIAN AFFAIRS.

    (a) In General.--The Secretary is authorized to enter into 
negotiated rulemaking with representatives of the Office of 
Hawaiian Affairs to--
          (1) determine the conditions under which the 
        Secretary may make block grants under subsection (b) 
        and section 802 for affordable housing activities to 
        the Office of Hawaiian Affairs in the Office's capacity 
        as a housing entity;
          (2) establish a process for the submission of a 
        housing plan to the Secretary to serve the needs of 
        low-income families to be served by the Office of 
        Hawaiian Affairs, and the requirements associated with 
        such a plan under subsection (c) and section 803;
          (3) determine the lands upon which housing will be 
        constructed to serve the needs of low-income families;
          (4) establish a process for the review of a housing 
        plan under section 804;
          (5) address the treatment of program income and labor 
        standards consistent with the provisions of section 
        805;
          (6) provide a process for environmental review 
        consistent with section 806;
          (7) develop regulations under section 807;
          (8) address the means by which the Office of Hawaiian 
        Affairs will carry out affordable housing activities 
        under section 809;
          (9) establish criteria associated with eligible 
        affordable housing activities consistent with section 
        810;
          (10) establish requirements for affordable housing 
        activities consistent with section 811;
          (11) address the types of investments subject to 
        section 811 and an applicable housing plan approved 
        under section 803, consistent with section 812;
          (12) establish requirements for low-income and income 
        targeting consistent with section 813;
          (13) establish requirements for leases and tenant 
        selection consistent with section 814;
          (14) provide for the conditions of repayment, an 
        annual allocation, and an allocation formula consistent 
        with sections 815, 816, and 817;
          (15) provide for the monitoring of compliance and the 
        submittal of performance reports consistent with 
        sections 819 and 820;
          (16) establish the terms and conditions for an annual 
        review and audit conducted by the Secretary consistent 
        with section 821; and
          (17) provide for audits to be conducted by the 
        General Accounting Office consistent with section 822.
    (b) Grant Authority.--For each fiscal year, the Secretary 
shall, to the extent that amounts are made available to carry 
out this section, make a grant under this title to the Office 
of Hawaiian Affairs to carry out affordable housing activities 
for Native Hawaiian families.
    (c) Housing Plan.--The Secretary shall require the office 
of Hawaiian Affairs to submit a housing plan under this section 
for each fiscal year and provide for the review of each plan 
submitted under this section.

                                
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