Native American Housing Assistance and Self-Determination Reauthorization Act of 2007

Bill: 110-s-2062
Sponsor: Sen. Dorgan, Byron L. [D-ND]
Introduced: 2007-09-18 in the Senate
Policy area: Native Americans
Subjects: Administrative procedure
Affordable housing
Auditing
Authorization
Block grants
Department of Housing and Urban Development
Economics and Public Finance
Federal aid to Indians
Federal aid to housing
Federally-guaranteed loans
Finance and Financial Sector
Government Operations and Politics
Governmental investigations
Housing and Community Development
Income tax
Indian economic development
Indian housing
Law
Low-income housing
Performance measurement
Social Welfare
Tax credits
Taxation

Summary:
action_date: 2007-09-18
text: 
Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to: (1) revise requirements for the housing assistance block grant program under such Act; (2) expand the authority of Indian tribes to conduct affordable housing activities; (3) revise compliance, auditing, and reporting requirements; (4) authorize the Secretary of Housing and Urban Development (HUD) to guarantee loans to finance housing assistance programs on Indian reservations and in other Indian areas for the benefit of low-income families; and (5) extend through FY2012 the authorization of appropriations for block grants, loan guarantees, and training and technical assistance under such Act. 

action_date: 2007-12-07
text: 
Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 - 
Title I: Block Grants and Grant Requirements
 - (Sec. 101) Amends the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) to expand the authority of Indian tribes to: (1) carry out self-determined housing activities for tribal communities programs; (2) access federal sources of supply on the same basis as employees of an executive agency; and (3) follow tribal preference in contracting and employment.

(Sec. 102) Revises reporting requirements for Indian tribes receiving grants under NAHASDA and the standards for review of Indian housing plans by the Secretary of Housing and Urban Development (HUD).

(Sec. 104) Disregards income derived from low-income housing tax credit projects funded by NAHASDA for purposes of allocating funding for construction projects under such Act. 

(Sec. 105) Requires the Secretary to institute negotiated rulemaking not later than 180 days after the enactment of this Act and any other Act to reauthorize this Act. 

Title II: Affordable Housing Activities
 - (Sec. 201) Expands the exception under NAHASDA for providing housing assistance and other benefits to families that are not low-income where necessary to meet their housing needs. Allows housing assistance for law enforcement officers employed by local governments.

(Sec. 202) Expands allowable activities under NAHASDA housing programs to allow grant recipients to use funds for the operation, maintenance, and support of rental and homeownership units, mold remediation, and necessary infrastructure repairs.

(Sec. 203) Allows grant recipients under NAHASDA to carry over unexpended grant funds to subsequent fiscal years.

 Exempts procurements using NAHASDA grant funds of goods and services with a value of less than $5,000 from competitive procurement requirements. 

(Sec. 204) Limits the requirement under NAHASDA for keeping property as affordable housing during its useful life to only those units that are owned by Indian tribe grant recipients. 

(Sec. 205) Provides that tenant and project-based rental assistance under NAHASDA shall not reduce the basis of properties eligible for the low-income housing tax credit. 

(Sec. 206) Requires the National Crime Information Center and law enforcement agencies, upon request, to provide information to Indian tribes or tribally designated housing entities receiving NAHASDA assistance regarding the criminal conviction records of applicants for employment.

(Sec. 207) Establishes a new housing program under NAHASDA to permit certain grant recipients who do not have unresolved audit issues during the preceding three fiscal years to use 20% of grant funds, up to $2 million, for discretionary activities, including construction, acquisition, or rehabilitation of housing or infrastructure. Prohibits the use of grant funds for commercial or economic development.

Directs the Secretary to review the results of such housing program and report to Congress not later than December 31, 2011, with certain recommendations regarding the extension of the program and other matters. 

Title III: Allocation of Grant Amounts
 - (Sec. 301) Directs the Secretary to contract with an organization with expertise in housing and other demographic data collection methodologies to assess existing data sources for determining need criteria for housing assistance block grants. 

Title IV: Compliance, Audits, and Reports
 - (Sec. 401) Provides that the failure of grant recipients to meet certain reporting requirements for low-income dwelling units under NAHASDA is not substantial noncompliance under such Act (thus avoiding a formal administrative hearing process).

(Sec. 402) Modifies the standard for periodic monitoring by HUD of housing program compliance under NAHASDA to require an appropriate level of onsite inspections.

(Sec. 403) Modifies criteria for Indian housing program performance reports.

Title V: Termination of Assistance for Indian Tribes under Incorporated Programs 
- (Sec. 501) Provides that grant recipients under NAHASDA are eligible for assistance under the HOME Investment Partnerships Act.

Title VI: Guaranteed Loans to Finance Tribal Community and Economic Development Activities
 - (Sec. 601) Authorizes the Secretary to guarantee loans to finance housing assistance programs on Indian reservations and in other Indian areas for the benefit of low-income families. Limits the amount of such loan guarantees to $200 million for FY2008-FY2012.

Requires the Secretary to report to Congress on the use of such loan guarantee authority. Terminates the authority of the Secretary to make new loan guarantees on October 1, 2012. 

Title VII: Other Housing Assistance for Native Americans
 - Defines &quot;Indian organization&quot; for purposes of the housing assistance program under NAHASDA as a tax-exempt Indian organization with at least 30 years of experience in representing Indian housing interests throughout the United States. Authorizes appropriations for FY2008-FY2102 to provide training and technical assistance to Indian housing authorities and entities.

Title VIII: Funding
 - (Sec. 801) Authorizes appropriations for FY2008-FY2012 for block grants for affordable housing activities, federal guarantees for financing Tribal housing activities, and training and technical assistance under NAHASDA. 

(Sec. 802) Authorizes payments from the Department of the Treasury Forfeiture Fund to Indian tribal law enforcement and other entities for clean up of methamphetamine laboratories.

action_date: 2008-05-22
text: 
Native American Housing Assistance and Self-determination Reauthorization Act of 2007 - 
Title I: Block Grants and Grant Requirements
 - (Sec. 101) Amends the Native American Housing Assistance and Self-determination Act of 1996 (NAHASDA) to expand the authority of Indian tribes to: (1) carry out self-determined housing activities for tribal communities programs; (2) access federal sources of supply on the same basis as employees of an executive agency; and (3) follow tribal preference in contracting and employment.

(Sec. 102) Revises reporting requirements for Indian tribes receiving grants under NAHASDA and the standards for review of Indian housing plans by the Secretary of Housing and Urban Development (HUD).

(Sec. 104) Disregards income derived from low-income housing tax credit projects funded by NAHASDA for purposes of allocating funding for construction projects under such Act. 

(Sec. 105) Requires the Secretary to institute negotiated rulemaking not later than 180 days after the enactment of this Act and any other Act to reauthorize this Act. 

Title II: Affordable Housing Activities
 - (Sec. 201) Expands the exception under NAHASDA for providing housing assistance and other benefits to families that are not low-income where necessary to meet their housing needs. Allows housing assistance for law enforcement officers employed by local governments.

(Sec. 202) Expands allowable activities under NAHASDA housing programs to allow grant recipients to use funds for the operation, maintenance, and support of rental and homeownership units, mold remediation, and necessary infrastructure repairs.

(Sec. 203) Allows grant recipients under NAHASDA to carry over unexpended grant funds to subsequent fiscal years.

 Exempts procurements using NAHASDA grant funds of goods and services with a value of less than $5,000 from competitive procurement requirements. 

(Sec. 204) Prohibits the requirement under NAHASDA for keeping property as affordable housing during its useful life from applying to a family or household member who subsequently takes ownership of a home ownership unit. 

(Sec. 205) Requires the National Crime Information Center and law enforcement agencies, upon request, to provide information to Indian tribes or tribally designated housing entities receiving NAHASDA assistance regarding the criminal conviction records of applicants for employment.

(Sec. 206) Establishes a new housing program under NAHASDA to permit certain grant recipients who do not have unresolved audit issues during the preceding three fiscal years to use 20% of grant funds, up to $2 million, for discretionary activities, including construction, acquisition, or rehabilitation of housing or infrastructure. Prohibits the use of grant funds for commercial or economic development.

Directs the Secretary to review the results of such housing program and report to Congress not later than December 31, 2011, with certain recommendations regarding the extension of the program and other matters. 

Title III: Allocation of Grant Amounts
 - (Sec. 301) Directs the Secretary to contract with an organization with expertise in housing and other demographic data collection methodologies to assess existing data sources for determining need criteria for housing assistance block grants. 

Prohibits certain factors used in a determining the need of Indian tribes for low-income housing assistance from applying to any claim arising from a formula current assisted stock calculation or count involving an Indian housing block grant allocation for any fiscal year through FY2008 if a civil action relating to the claim is filed within 45 days of enactment of this provision.

Title IV: Compliance, Audits, and Reports
 - (Sec. 401) Provides that the failure of grant recipients to meet certain reporting requirements for low-income dwelling units under NAHASDA is not substantial noncompliance under such Act (thus avoiding a formal administrative hearing process).

(Sec. 402) Modifies the standard for periodic monitoring by HUD of housing program compliance under NAHASDA to require an appropriate level of onsite inspections.

(Sec. 403) Modifies criteria for Indian housing program performance reports.

Title V: Termination of Assistance for Indian Tribes under Incorporated Programs 
- (Sec. 501) Provides that grant recipients under NAHASDA are eligible for assistance under the HOME Investment Partnerships Act.

Title VI: Guaranteed Loans to Finance Tribal Community and Economic Development Activities
 - (Sec. 601) Authorizes the Secretary to guarantee loans to finance housing assistance programs on Indian reservations and in other Indian areas for the benefit of low-income families. Limits: (1) the obligations the Secretary may guarantee to those of no more than four Indian tribes or tribally designated housing entities located in each Department of Housing and Urban Development Office of the Native American Program region; and (2) the amount of such loan guarantees to $200 million for FY2008-FY2012.

Requires the Secretary to report to Congress on the use of such loan guarantee authority. Terminates the authority of the Secretary to make new loan guarantees on October 1, 2012. 

Title VII: Funding
 - (Sec. 701) Authorizes appropriations for FY2008-FY2012 for block grants for affordable housing activities, federal guarantees for financing Tribal housing activities, and training and technical assistance under NAHASDA.

action_date: 2008-07-16
text: 
Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 - (Sec.2) Reauthorizes appropriations for FY2008-FY2012 for block grants under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) for Indian tribe affordable housing activities. 

Considers, for purposes of the procurement and supply of personal property and nonpersonal services for executive agencies, a tribe or tribally designated housing entity to be an executive agency when carrying out housing programs, services, functions, and activities under such tribe or entity, and its employees to be eligible to have access to such supply sources as executive agency employees. 

Requires, with respect to any grant made under NAHASDA that is intended to benefit one tribe, the tribal employment or contract preference laws adopted by such tribe to govern the administration of the grant or grant portion. 

Prohibits funds authorized under this Act from being expended 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.

Requires one-year Indian housing plans under NAHASDA to include a description of grant amounts made available for the preceding fiscal year which have not been, or are not expected to be, used before the beginning of the fiscal year for which a plan is submitted. 

Excludes from NAHASDA program income development fees paid to an Indian tribe for certain projects assisted with a low-income housing tax credit. 

Permits affordable housing assistance for: (1) essential (under current law, essential non-Indian) families on Indian reservations and other Indian areas; and (2) local law enforcement officers on Indian reservations or other Indian areas. 

 Includes among affordable housing activities that are eligible for assistance: (1) the operation and maintenance of affordable housing units; and (2) the deposit of specified funds into reserve accounts established for tribes for the purpose of accumulating funds for affordable housing activities. 

 Exempts recipients of less than $5,000 of goods and services from NAHASDA rules and procedures for competitive procurement.

Allows the disclosure of criminal conviction records to Indian tribes or tribally designated housing entities for purposes of screening adult applicants for employment in housing-related positions.

(Sec. 3) Establishes self-determined housing activities for the tribal communities program under which a qualifying tribe may use a portion of its grant amounts during FY2008-FY2012 for housing activities involving the construction, acquisition, or rehabilitation of housing to benefit the low-income community served by the tribe. Prohibits the use of funds for any infrastructure, commercial and economic development, and housing operating costs.

Requires the Secretary of Housing and Urban Development, during 2011, to conduct, and report to Congress no later than December 31, 2011, on a review of such program's results to determine: (1) the housing constructed, acquired, or rehabilitated under the program and the effects of such housing on costs to low-income families of affordable housing; (2) the effectiveness of each recipient in achieving the results intended to be achieved, as set forth in the Indian housing plan for the Indian tribe; and (3) the need for, and effectiveness of, extending the duration of the program and increasing the amount of grants that may be used under the program. 

(Sec. 4) Declares that NAHASDA does not prohibit or prevent any insular area or participating jurisdiction from providing amounts to Indian tribes or tribally designated housing entities for use in accordance with the HOME Investment Partnership Act.

(Sec. 5) Requires the Comptroller General to study and report to Congress on the effectiveness of NAHASDA in meeting the needs for affordable housing for low-income Indian families

(Sec. 6) Requires the Secretary to carry out training and information activities that include conducting educational seminars with tribes and tribally designated housing entities on how to utilize the loan guarantee program. 

Extends through FY2012 the aggregate fiscal year limitation with regard to federal guarantees for financing tribal housing activities. Authorizes appropriations for FY2008-FY2012 for: (1) the costs of making such guarantees; (2) training and technical assistance to Indian housing authorities and tribally designated housing entities; and (3) block grants for affordable housing activities for Native Hawaiian families who are eligible to reside on the Hawaiian home lands. 

(Sec. 9) Authorizes the Secretary to guarantee notes and obligations issued by Indian tribes or tribally designated housing entities with tribal approval to finance activities carried out on Indian reservations and in other Indian areas that are eligible for financing under the Housing and Community Development Act of 1974. Requires no less than 70% of the aggregate funds received by an Indian tribe from a guaranteed loan to be used for the support of activities that benefit low-income Indian families.

 Requires the Secretary to: (1) establish underwriting criteria and other requirements to ensure the financial soundness of the loan guarantee program and the repayment of loans; and (2) carry out training and information activities with respect to the guarantee program. Authorizes appropriations for FY2008-2012. Imposes limitations on the amount of loan guarantees, including: (1) an annual fiscal year limitation of $200 million for FY2008-FY2012; and (2) an aggregate limitation on outstanding guarantees of $1 billion.

Requires the Secretary to report to Congress on the loan guarantee program within four years after the enactment of this Act. 

Terminates the Secretary's authority to make new loan guarantees on October 1, 2012.

(Sec. 10) Prohibits the use of funds under this Act to employ unauthorized aliens.


Legislative actions:
action_date: 2008-07-17
text: Message on House action received in Senate and at desk: House amendment to Senate bill House requests a conference.
action_date: 2008-07-17
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-07-17
text: On motion that the House instruct conferees Agreed to by voice vote.
action_date: 2008-07-17
text: The previous question was ordered without objection. (consideration: CR H6688)
action_date: 2008-07-17
text: DEBATE - The House proceeded with one hour of debate on the Roskam motion to instruct conferees on S. 2062. The instructions contained in the motion seek to require the managers on the part of the House to agree to language providing that development and rehabilitation of utilities and utility services shall be eligible affordable housing activities under the Indian Housing Block Grant Program.
action_date: 2008-07-17
text: Mr. Roskam moved that the House instruct conferees. (consideration: CR H6681-6688; text: CR H6681)
action_date: 2008-07-16
text: House insisted on its amendment and asked for a conference pursuant to H. Res. 1339.
action_date: 2008-07-16
text: Pursuant to the provisions of H. Res. 1339, S. 2062 is considered passed House as amended. (consideration: CR H6599)
action_date: 2008-07-16
text: Passed/agreed to in House: Pursuant to the provisions of H. Res. 1339, S. 2062 is considered passed House as amended.(consideration: CR H6599)
action_date: 2008-06-03
text: Held at the desk.
action_date: 2008-06-03
text: Received in the House.
action_date: 2008-06-02
text: Message on Senate action sent to the House.
action_date: 2008-05-22
text: Passed Senate with amendments by Unanimous Consent. (text: CR 6/2/2008 S4895-4899)
action_date: 2008-05-22
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR 6/2/2008 S4895-4899)
action_date: 2008-05-22
text: Measure laid before Senate by unanimous consent. (consideration: CR S4839-4844; text of measure as reported in Senate: CR S4839-4844)
action_date: 2008-02-08
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.
action_date: 2008-02-08
text: Senate Committee on Banking, Housing, and Urban Affairs discharged pursuant to the order of May 27, 1988.
action_date: 2008-02-08
text: Senate Committee on Banking, Housing, and Urban Affairs discharged pursuant to the order of May 27, 1988.
action_date: 2007-12-10
text: Referred to the Committee on Banking, Housing, and Urban Affairs pursuant to the order of May 27, 1988, for not to exceed 60 days.
action_date: 2007-12-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 526.
action_date: 2007-12-07
text: Committee on Indian Affairs. Reported by Senator Dorgan with amendments. With written report No. 110-238.
action_date: 2007-12-07
text: Committee on Indian Affairs. Reported by Senator Dorgan with amendments. With written report No. 110-238.
action_date: 2007-09-27
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2007-09-18
text: Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S11658-11662)
action_date: 2007-09-18
text: Sponsor introductory remarks on measure. (CR S11657-11658)
action_date: 2007-09-18
text: Introduced in Senate