II 
Calendar No. 261 
109TH CONGRESS 
1ST SESSION 
H. R. 797 
[Report No. 109–160] 
To amend the Native American Housing Assistance and Self-Determination 
Act of 1996 and other Acts to improve housing programs for Indians. 
IN THE SENATE OF THE UNITED STATES 
APRIL 7, 2005 
Received; read twice and referred to the Committee on Indian Affairs 
OCTOBER 27, 2005 
Reported by Mr. MCCAIN, without amendment 
AN ACT 
To amend the Native American Housing Assistance and Self- 
Determination Act of 1996 and other Acts to improve 
housing programs for Indians. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American 
Housing Enhancement Act of 2005’’.
SEC. 2. FINDINGS. 
Congress finds that— 
(1) there exist— 
(A) a unique relationship between the Gov-
ernment of the United States and the govern-
ments of Indian tribes; and 
(B) a unique Federal trust responsibility 
to Indian people; 
(2) Native Americans experience some of the 
worst housing conditions in the country, with— 
(A) 32.6 percent of Native homes being 
overcrowded; 
(B) 33 percent lacking adequate solid 
waste management systems; 
(C) 8 percent lacking a safe indoor water 
supply; and 
(D) approximately 90,000 Native families 
who are homeless or underhoused; 
(3) the poverty rate for Native Americans is 
twice that of the rest of the population of the United 
States; 
(4) the population growth of Native Americans 
that began in the latter part of the 20th century in-
creased the need for Federal housing services; 
(5)(A) under the requirements of the Native 
American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4101 et seq.), members 
of Indian tribes are given preference for housing 
programs; 
(B) a primary purpose of the Act is to allow In-
dian tribes to leverage funds with other Federal and 
private funds; 
(C) the Department of Agriculture has been a 
significant funding source for housing for Indian 
tribes; and 
(D) to allow assistance provided under the Act 
and assistance provided by the Secretary of Agri-
culture under other law to be combined to meet the 
severe housing needs of Indian tribes, the Housing 
Act of 1949 (42 U.S.C. 1471 et seq.) should be 
amended to allow for the preference referred to in 
subparagraph (A) by granting an exemption from 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) and title VIII of the Civil Rights Act 
of 1968 (42 U.S.C. 3601 et seq.) to tribes who com-
ply with the Indian Civil Rights Act (title II of the 
Civil Rights Act of 1968; 25 U.S.C. 1301–1303), or 
who are acting under the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4131(b)); and
(6) section 457 of the Cranston-Gonzales Na-
tional Affordable Housing Act (42 U.S.C. 12899f) 
should be amended to include Indian tribes, tribally 
designated housing entities, or other agencies that 
primarily serve Indians as eligible applicants for 
YouthBuild grants. 
SEC. 3. TREATMENT OF PROGRAM INCOME. 
Section 104(a)(2) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4114(a)(2)) is amended by inserting ‘‘restrict access to 
or’’ after ‘‘not’’. 
SEC. 4. CIVIL RIGHTS COMPLIANCE. 
Title V of the Housing Act of 1949 (42 U.S.C. 1471 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 544. INDIAN TRIBES. 
‘‘(a) IN GENERAL.—Federally recognized Indian 
Tribes who exercise powers of self-government (or their 
instrumentalities) shall comply with the Indian Civil 
Rights Act (title II of the Civil Rights Act of 1968; 25 
U.S.C. 1301–1303) when receiving assistance under this 
title. 
‘‘(b) EXEMPTION.—Title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the 
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall 
not apply to—
‘‘(1) tribes covered by the Indian Civil Rights 
Act (title II of the Civil Rights Act of 1968; 25 
U.S.C. 1301–1303); or 
‘‘(2) tribes acting under section 201(b) of the 
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4131(b)).’’. 
SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD 
GRANTS. 
Section 457(2) of the Cranston-Gonzales National 
Affordable Housing Act (42 U.S.C. 12899f(2)) is amend-
ed— 
(1) in subparagraph (F), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (G) as sub- 
paragraph (H); and 
(3) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) an Indian tribe, tribally designated 
housing entity (as defined in section 4 of the 
Native American Housing Assistance and Self- 
Determination Act of 1996 (25 U.S.C. 4103)), 
or other agency primarily serving Indians; 
and’’.
Calendar No. 261 
109TH CONGRESS 
1ST SESSION 
H. R. 797 
[Report No. 109–160] 
AN ACT 
To amend the Native American Housing Assistance 
and Self-Determination Act of 1996 and other 
Acts to improve housing programs for Indians. 
OCTOBER 27, 2005 
Reported without amendment