Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

Bill: 110-hr-2786
Sponsor: Rep. Kildee, Dale E. [D-MI-5]
Introduced: 2007-06-20 in the House
Policy area: Native Americans
Subjects: Affordable housing
Alien labor
Authorization
Block grants
Building construction
Competitive bidding
Congress
Congressional investigations
Congressional reporting requirements
Construction costs
Crime and Law Enforcement
Criminal justice information
Economics and Public Finance
Employee selection
Federal aid to Indians
Federal aid to housing
Federal-Indian relations
Federally-guaranteed loans
Fees
Finance and Financial Sector
Government Operations and Politics
Government paperwork
Government procurement
Government publicity
Hawaii
Hawaiians
Housing and Community Development
Housing finance
Housing subsidies
Identification of criminals
Illegal aliens
Immigration
Income tax
Indian housing
Indian law enforcement
Labor and Employment
Law enforcement officers
Low-income housing
Minorities
Oklahoma
Police
Real estate development
Residential rehabilitation
Social Welfare
Tax credits
Taxation
Treaties

Summary:
action_date: 2007-06-20
text: 
Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 - Reauthorizes appropriations for FY2008-FY2012 for making of block grants under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) on behalf of Indian tribes for carrying out 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. 
 
Excludes from program income any income derived from a regular developer's fee for a project assisted with a low-income housing tax credit that is initially funded with grant funds provided under NAHASDA, which fee is approved by the state housing credit agency. 
 
Permits the provision of housing or housing assistance provided through affordable housing activities assisted with grant amounts 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. 
 
Establishes reserve accounts for tribes for the purpose of accumulating funds (including from grant amounts) for affordable housing activities. Considers any income resulting from amounts in any reserve accounts to be program income. 
 
Prohibits any rules and procedures regarding competitive procurement otherwise applicable to a recipient for a tribe or tribes from applying to the recipient in the procurement of goods and services under $5,000 with grant amounts under NAHASDA. 
 
Requires the provision of information to tribes or tribal designated housing entities regarding the criminal conviction records of adult applicants for employment with the tribe in positions relating to the tribe's activities under NAHASDA or its other housing-related activities or with the tribally designated housing entity for purposes of applicant screening. 
 
Establishes self-determined housing activities for the tribal communities program under which a qualifying tribe may use a portion of its grant amounts for housing activities involving the construction, acquisition, or rehabilitation of housing to benefit the low-income community served by the tribe. 
 
Requires the Government Accountability Office (GAO) to study the effectiveness of NAHASDA in meeting the needs for affordable housing for low-income Indian families. 
 
Extends through FY2012 the aggregate fiscal year limitation with regard to federal guarantees for financing tribal housing activities. 
 
Authorizes appropriations for FY2008 -FY2012 for the: (1) costs of making such guarantees; (2) provision of 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. 

action_date: 2007-09-06
text: 
Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 - (Sec.2) Reauthorizes appropriations for FY2008-FY2012 for making of block grants under the Native American Housing Assistance and Self-determination Act of 1996 (NAHASDA) on behalf of Indian tribes for carrying out 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 a grant recipient's operating budget to include a description of grant amounts made available for the Indian tribe for the preceding fiscal year which have not been, or are not expected to be, obligated or expended before the beginning of the year.

Excludes from program income any income derived from a regular and customary developer's fee for a project assisted with a low-income housing tax credit that is initially funded with grant funds provided under NAHASDA, which fee is approved by the state housing credit agency. 

Permits the provision of housing or housing assistance provided through affordable housing activities assisted with grant amounts 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. 

Prohibits any rules and procedures regarding competitive procurement otherwise applicable to a recipient for a tribe or tribes from applying to the recipient in the procurement of goods and services under $5,000 with grant amounts under NAHASDA. 

Requires the provision of information to tribes or tribal designated housing entities regarding the criminal conviction records of adult applicants for employment with the tribe in positions relating to the tribe's activities under NAHASDA or its other housing-related activities or with the tribally designated housing entity for purposes of applicant screening. 

(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 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 Government Accountability Office (GAO) to study and report on the effectiveness of NAHASDA in meeting the needs for affordable housing for low-income Indian families, as compared to the programs for housing and community development assistance for Indian tribes and families and Indian housing authorities that were terminated under title V of such Act. Requires such study to compare such effectiveness for Indian tribes of various sizes and types, and specifically for smaller tribes.
 
(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 the: (1) costs of making such guarantees; (2) provision of 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 and make commitments to guarantee the notes and obligations issued by Indian tribes or tribally designated housing entities with tribal approval for the purposes of financing 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 of such funds to be used for the support of activities that benefit low-income Indian families. Requires the Secretary to: (1) establish underwriting criteria for guarantees as may be necessary to ensure that the guarantee program is financially sound; and (2) carry out training and information activities with respect to the program. Authorizes appropriations for such program for FY2008-FY2012. Sets forth limits on guarantees. Terminates the Secretary's authority to make new guarantees for notes and obligations on October 1, 2012.

Prohibits amounts made available under this Act from being used to employ unauthorized aliens.

action_date: 2008-10-14
text: 
Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 - (Sec. 2) Amends the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) with respect to congressional findings to make mandatory the role of the federal government in providing housing assistance to Native Americans and in promoting the economic self-sufficiency and self-determination of Native Americans.
 
(Sec. 3) Defines &quot;housing related community development&quot; to mean any facility, community building, business, activity, or infrastructure that: (1) is owned by an Indian tribe or a tribally designated housing entity; (2) is necessary to the provision of housing in an Indian area; and (3) would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing, would make housing more affordable, accessible, or practicable in an Indian area, or would otherwise advance the purposes of NAHASDA. Excludes from such term any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act.
 

Title I: Block Grants and Grant Requirements 
(Sec.101) Amends NAHASDA to: (1) provide for self-determined housing activities for tribal communities programs under the block grant program for Native American housing assistance; (2) deem a tribe or tribally designated housing entity to be an executive agency for procurement purposes; and (3) require, with respect to any grant made under NAHASDA that is intended to benefit one tribe, that the tribal employment or contract preference laws adopted by such tribe govern the administration of the grant or grant portion. 
 
(Sec. 102) Expands requirements for Indian housing plans to include a description of planned activities to identify the types of Indian households to be assisted under NAHASDA and the levels of such assistance.
 
(Sec. 103) Revises provisions relating to review of Indian housing plans to require the Secretary of Housing and Urban Development to review information included in an Indian housing plan only to determine compliance.
 
(Sec. 104) Excludes from NAHASDA program income any income derived from a regular and customary developer's fee for any project that receives a low-income housing tax credit and is initially funded using NAHASDA grant funds if the developer's fee is approved by a state housing credit agency.
 
(Sec. 105) Requires the Secretary to initiate a negotiated rulemaking to develop implementing regulations under NAHASDA.
 

Title II: Affordable Housing Activities
 - (Sec. 201) Expands the exception for providing housing assistance to non-Indian families to include essential families (families that provide essential services such as law enforcement).
 
(Sec. 202) Redefines &quot;affordable housing activities&quot; to include activities that develop, operate, maintain, or support affordable housing for rental or homeownership. Authorizes a tribe to establish reserve accounts to accumulate amounts for administration and planning of affordable housing activities. 
 
(Sec. 203) Authorizes the use of NAHASDA grant funds over a multiyear period. Exempts from competitive procurement rules an acquisition by a tribe of goods and services the value of which is less than $5,000. 
 
(Sec. 204) Provides that binding commitments under NAHASDA for the use of property as affordable housing shall not apply to a family or household member who subsequently takes ownership of a homeownership unit. 
 
(Sec. 205) Allows Indian tribes and tribally designated housing entities to access National Crime Information Center records related to criminal convictions for purposes of reviewing applications for employment.
 
(Sec. 206) Establishes a program for self-determined housing activities to provide Indian tribes with flexibility in using grant funds for assisted housing. Limits the amount available for such purpose to the lesser of 20% of a recipient's total grant amount or $2 million, annually. Requires the Secretary, during 2011, to review and report to Congress on the effectiveness of such program.
 

Title III: Allocation of Grant Amounts
 - (Sec. 301) Amends NAHASDA grant allocation provisions to provide that a housing unit that is no longer owned or operated by a grant recipient as affordable housing or that is lost by conveyance, demolition, or other means may not be counted in a funding formula under NAHASDA.
 

Title IV: Compliance, Audits, and Reports 
- (Sec. 401) Amends NAHASDA provisions relating to remedies for noncompliance, monitoring of compliance, and performance reports. 
 

Title V: Termination of Assistance for Indian Tribes under Incorporated Programs
 - (Sec. 501) Declares that NAHASDA does not prohibit or prevent any participating jurisdiction from providing amounts to Indian tribes or tribally designated housing entities for use in accordance with the HOME Investment Partnership Act.
 

Title VI: Guaranteed Loans to Finance Tribal Community and Economic Development Activities
 - (Sec. 601) Authorizes the Secretary to make loan guarantees to finance housing activities on Indian reservations and in other Indian areas under the Housing and Community Development Act of 1974 for not more than four Indian tribes or tribally designated housing entities in a Department of Housing and Urban Development (HUD) region. Requires no less than 70% of the aggregate funding received by a tribe or entity to be used for support of activities that benefit low-income Indian families. Requires the Secretary to: (1) establish underwriting criteria for loan guarantees; and (2) carry out training and information activities with respect to the program. Sets forth limits on the issuance of guarantees in FY2009-FY2013. 
 
Requires the Secretary to report to Congress within four years after the enactment of this Act on the use of the loan guarantee authority by Indian tribes and tribally designated housing entities.
 
Terminates the Secretary's authority to make new guarantees on October 1, 2013.
 

Title VII: Funding
 - (Sec. 701) Authorizes appropriations for FY2009-FY2013 for NAHASDA block grants and grant requirements, loan guarantees for tribal housing activities, and training and technical assistance. 
 

Title VIII: Miscellaneous
 - (Sec. 801) Prohibits the use of funds under this Act for the benefit of the Cherokee Nation unless the Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation remains in effect or there is a settlement agreement which ends litigation among the adverse parties. 
 
(Sec. 802) Prohibits the use of funds under this Act to employ unauthorized aliens. 
 
(Sec. 803) Directs the Comptroller General to study and report to specified congressional committees on the effectiveness of NAHASDA in meeting affordable housing needs for low-income Indian families in tribes of various sizes and types, specifically smaller tribes.


Legislative actions:
action_date: 2008-10-14
text: Became Public Law No: 110-411.
action_date: 2008-10-14
text: Became Public Law No: 110-411.
action_date: 2008-10-14
text: Signed by President.
action_date: 2008-10-14
text: Signed by President.
action_date: 2008-10-03
text: Presented to President.
action_date: 2008-10-03
text: Presented to President.
action_date: 2008-09-27
text: Cleared for White House.
action_date: 2008-09-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-27
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H10216-10220)
action_date: 2008-09-27
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(text as House agreed to Senate amendment: CR H10216-10220)
action_date: 2008-09-27
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2786.
action_date: 2008-09-27
text: Mrs. McCarthy (NY) moved that the House suspend the rules an agree to the Senate amendment. (consideration: CR H10216-10222)
action_date: 2008-09-25
text: Message on Senate action sent to the House.
action_date: 2008-09-25
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2008-09-25
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2008-09-25
text: Measure laid before Senate by unanimous consent. (consideration: CR S9474)
action_date: 2008-09-25
text: Senate Committee on Indian Affairs discharged by Unanimous Consent.
action_date: 2008-09-25
text: Senate Committee on Indian Affairs discharged by Unanimous Consent.
action_date: 2007-09-10
text: Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
action_date: 2007-09-06
text: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2786.
action_date: 2007-09-06
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-09-06
text: On passage Passed by the Yeas and Nays: 333 - 75 (Roll no. 859).
action_date: 2007-09-06
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 333 - 75 (Roll no. 859).
action_date: 2007-09-06
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2007-09-06
text: The previous question was ordered pursuant to the rule. (consideration: CR H10195)
action_date: 2007-09-06
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2786.
action_date: 2007-09-06
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2007-09-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Price (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Price (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-09-06
text: DEBATE - The Committee of the Whole proceeded with debate on the Price (GA) amendment under the five-minute rule.
action_date: 2007-09-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the King (IA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. King (IA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-09-06
text: DEBATE - The Committee of the Whole proceeded with debate on the King (IA) amendment under the five-minute rule.
action_date: 2007-09-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Westmoreland amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Westmoreland demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-09-06
text: DEBATE - The Committee of the Whole proceeded with debate on the Westmoreland amendment under the five-minute rule.
action_date: 2007-09-06
text: DEBATE - The Committee of the Whole proceeded with debate on the Pearce amendment under the five-minute rule.
action_date: 2007-09-06
text: DEBATE - The Committe of the Whole proceeded with debate on the Boren amendment to the Watt amendment under the five-minute rule.
action_date: 2007-09-06
text: DEBATE - The Committee of the Whole proceeded with debate on the Watt amendment under the five-minute rule.
action_date: 2007-09-06
text: The Speaker designated the Honorable Tim Holden to act as Chairman of the Committee.
action_date: 2007-09-06
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 633 and Rule XVIII.
action_date: 2007-09-06
text: Rule provides for consideration of H.R. 2786 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is open to amendments.
action_date: 2007-09-06
text: Considered under the provisions of rule H. Res. 633. (consideration: CR H10182-10196)
action_date: 2007-09-06
text: Rule H. Res. 633 passed House.
action_date: 2007-09-05
text: Rules Committee Resolution H. Res. 633 Reported to House. Rule provides for consideration of H.R. 2786 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is open to amendments.
action_date: 2007-08-03
text: Placed on the Union Calendar, Calendar No. 185.
action_date: 2007-08-03
text: Reported by the Committee on Financial Services. H. Rept. 110-295.
action_date: 2007-08-03
text: Reported by the Committee on Financial Services. H. Rept. 110-295.
action_date: 2007-06-26
text: Ordered to be Reported by Voice Vote.
action_date: 2007-06-26
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-06-20
text: Referred to the House Committee on Financial Services.
action_date: 2007-06-20
text: Introduced in House
action_date: 2007-06-20
text: Introduced in House

Enacted as: number: 110-411