Home > 106th Congressional Bills > S. 400 (rfh) To provide technical corrections to 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...

S. 400 (rfh) To provide technical corrections to 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...


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                                                       Calendar No. 374

106th CONGRESS

  1st Session

                                 S. 400

                          [Report No. 106-145]

_______________________________________________________________________

                                 A BILL

    To provide technical corrections to 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.

_______________________________________________________________________

                            November 2, 1999

Committee on Banking, Housing, and Urban Affairs discharged pursuant to 
       the order of October 27, 1999, and placed on the calendar
                                                       Calendar No. 374
106th CONGRESS
  1st Session
                                 S. 400

                          [Report No. 106-145]

    To provide technical corrections to 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 1999

 Mr. Campbell (for himself, Mr. Inouye, and Mr. Hatch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                            August 27, 1999

Reported under authority of the order of the Senate of August 5, 1999, 
                   by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 27, 1999

 Referred sequentially to the Committee on Banking, Housing, and Urban 
Affairs, and if the bill is not reported by that Committee by November 
    2, 1999, the Committee be discharged from further consideration 
 thereof, and the bill be placed on the calendar, by unanimous consent

                            November 2, 1999

Committee on Banking, Housing, and Urban Affairs discharged pursuant to 
       the order of October 27, 1999, and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
    To provide technical corrections to 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Native 
American Housing Assistance and Self-Determination Act Amendments of 
1999''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Restriction on waiver authority.
<DELETED>Sec. 3. Organizational capacity; assistance to families that 
                            are not low-income.
<DELETED>Sec. 4. Elimination of waiver authority for small tribes.
<DELETED>Sec. 5. Expanded authority to review Indian housing plans.
<DELETED>Sec. 6. Oversight.
<DELETED>Sec. 7. Allocation formula.
<DELETED>Sec. 8. Hearing requirement.
<DELETED>Sec. 9. Performance agreement time limit.
<DELETED>Sec. 10. Block grants and guarantees not Federal subsidies for 
                            low-income housing credit.
<DELETED>Sec. 11. Technical and conforming amendments.

<DELETED>SEC 2. RESTRICTION ON WAIVER AUTHORITY.</DELETED>

<DELETED>    Section 101(b)(2) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is 
amended by striking ``if the Secretary'' and all that follows before 
the period at the end and inserting the following: ``for a period of 
not more than 90 days, if the Secretary determines that an Indian tribe 
has not complied with, or is unable to comply with, those requirements 
due to extreme circumstances beyond the control of the Indian 
tribe''.</DELETED>

<DELETED>SEC. 3. ORGANIZATIONAL CAPACITY; ASSISTANCE TO FAMILIES THAT 
              ARE NOT LOW-INCOME.</DELETED>

<DELETED>    (a) Organizational Capacity.--Section 102(c)(4) of the 
Native American Housing Assistance and Self-Determination Act (25 
U.S.C. 4112(c)(4)) is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraphs (A) through (K) 
        as subparagraphs (B) through (L), respectively; and</DELETED>
        <DELETED>    (2) by inserting before subparagraph (B), as 
        redesignated by paragraph (1) of this subsection, the 
        following:</DELETED>
        <DELETED>    ``(A) a description of the entity that is 
        responsible for carrying out the activities under the plan, 
        including a description of--</DELETED>
                <DELETED>    ``(i) the relevant personnel of the 
                entity; and</DELETED>
                <DELETED>    ``(ii) the organizational capacity of the 
                entity, including--</DELETED>
                        <DELETED>    ``(I) the management structure of 
                        the entity; and</DELETED>
                        <DELETED>    ``(II) the financial control 
                        mechanisms of the entity;''.</DELETED>
<DELETED>    (b) Assistance to Families That Are Not Low-Income.--
Section 102(c) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended by adding at the 
end the following:</DELETED>
        <DELETED>    ``(6) Certain families.--With respect to 
        assistance provided by a recipient to Indian families that are 
        not low-income families under section 201(b)(2), evidence that 
        there is a need for housing for each such family during that 
        period that cannot reasonably be met without such 
        assistance.''.</DELETED>

<DELETED>SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL 
              TRIBES.</DELETED>

<DELETED>    Section 102 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4112) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (f); and</DELETED>
        <DELETED>    (2) by redesignating subsection (g) as subsection 
        (f).</DELETED>

<DELETED>SEC. 5. EXPANDED AUTHORITY TO REVIEW INDIAN HOUSING 
              PLANS.</DELETED>

<DELETED>    Section 103(a)(1) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4113(a)(1)) is 
amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking 
        ``limited''; and</DELETED>
        <DELETED>    (2) by striking the second sentence.</DELETED>

<DELETED>SEC. 6. OVERSIGHT.</DELETED>

<DELETED>    (a) Repayment.--Section 209 of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) is 
amended to read as follows:</DELETED>

<DELETED>``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING 
              REQUIREMENT.</DELETED>

<DELETED>    ``If a recipient uses grant amounts to provide affordable 
housing under this title, and at any time during the useful life of the 
housing the recipient does not comply with the requirement under 
section 205(a)(2), the Secretary shall take appropriate action under 
section 401(a).''.</DELETED>
<DELETED>    (b) Audits and Reviews.--Section 405 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 1465) is amended to read as follows:</DELETED>

<DELETED>``SEC. 405. REVIEW AND AUDIT BY SECRETARY.</DELETED>

<DELETED>    ``(a) Requirements Under Chapter 75 of Title 31, United 
States Code.--</DELETED>
        <DELETED>    ``(1) In general.--An entity designated by an 
        Indian tribe as a housing entity shall be treated, for purposes 
        of chapter 75 of title 31, United States Code, as a non-Federal 
        entity that is subject to the audit requirements that apply to 
        non-Federal entities under that chapter.</DELETED>
        <DELETED>    ``(2) Payment of costs.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may 
                arrange for, and pay the cost of, any audit required 
                under paragraph (1).</DELETED>
                <DELETED>    ``(B) Withholding of amounts.--If the 
                Secretary pays for the cost of an audit under 
                subparagraph (A), the Secretary may withhold, from the 
                assistance otherwise payable under this Act, an amount 
                sufficient to pay for the reasonable costs of 
                conducting an audit that meets the applicable 
                requirements of chapter 75 of title 31, United States 
                Code, including, if appropriate, the reasonable costs 
                of accounting services necessary to ensure that the 
                books and records of the entity referred to in 
                paragraph (1) are in such condition as is necessary to 
                carry out the audit.</DELETED>
<DELETED>    ``(b) Additional Reviews and Audits.--</DELETED>
        <DELETED>    ``(1) In general.--In addition to any audit under 
        subsection (a)(1), to the extent the Secretary determines such 
        action to be appropriate, the Secretary may conduct an audit of 
        a recipient in order to--</DELETED>
                <DELETED>    ``(A) determine whether the recipient--
                </DELETED>
                        <DELETED>    ``(i) has carried out--</DELETED>
                                <DELETED>    ``(I) eligible activities 
                                in a timely manner; and</DELETED>
                                <DELETED>    ``(II) eligible activities 
                                and certification in accordance with 
                                this Act and other applicable 
                                law;</DELETED>
                        <DELETED>    ``(ii) has a continuing capacity 
                        to carry out eligible activities in a timely 
                        manner; and</DELETED>
                        <DELETED>    ``(iii) is in compliance with the 
                        Indian housing plan of the recipient; 
                        and</DELETED>
                <DELETED>    ``(B) verify the accuracy of information 
                contained in any performance report submitted by the 
                recipient under section 404.</DELETED>
        <DELETED>    ``(2) Onsite visits.--To the extent practicable, 
        the reviews and audits conducted under this subsection shall 
        include onsite visits by the appropriate official of the 
        Department of Housing and Human Development.</DELETED>
<DELETED>    ``(c) Review of Reports.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall provide 
        each recipient that is the subject of a report made by the 
        Secretary under this section notice that the recipient may 
        review and comment on the report during a period of not less 
        than 30 days after the date on which notice is issued under 
        this paragraph.</DELETED>
        <DELETED>    ``(2) Public availability.--After taking into 
        consideration any comments of the recipient under paragraph 
        (1), the Secretary--</DELETED>
                <DELETED>    ``(A) may revise the report; and</DELETED>
                <DELETED>    ``(B) not later than 30 days after the 
                date on which those comments are received, shall make 
                the comments and the report (with any revisions made 
                under subparagraph (A)) readily available to the 
                public.</DELETED>
<DELETED>    ``(d) Effect of Reviews.--Subject to section 401(a), after 
reviewing the reports and audits relating to a recipient that are 
submitted to the Secretary under this section, the Secretary may adjust 
the amount of a grant made to a recipient under this Act in accordance 
with the findings of the Secretary with respect to those reports and 
audits.''.</DELETED>

<DELETED>SEC. 7. ALLOCATION FORMULA.</DELETED>

<DELETED>    Section 302(d)(1) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4152(d)(1)) is 
amended--</DELETED>
        <DELETED>    (1) by striking ``The formula,'' and inserting the 
        following:</DELETED>
                <DELETED>    ``(A) In general.--Except with respect to 
                an Indian tribe described in subparagraph (B), the 
                formula''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Certain indian tribes.--With respect 
                to fiscal year 2000 and each fiscal year thereafter, 
                with respect to any Indian tribe having an Indian 
                housing authority that owns or operates fewer than 250 
                public housing units, the formula under subparagraph 
                (A) shall provide that the amount provided for a fiscal 
                year in which the total amount made available for 
                assistance under this Act is equal to or greater than 
                the amount made available for fiscal year 1996 for 
                assistance for the operation and modernization of the 
                public housing referred to in subparagraph (A), the 
                amount provided to that Indian tribe as modernization 
                assistance shall be equal to the average annual amount 
                of funds provided to the Indian tribe (other than funds 
                provided as emergency assistance) under the assistance 
                program under section 14 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437l) for the period beginning 
                with fiscal year 1992 and ending with fiscal year 
                1997.''.</DELETED>

<DELETED>SEC. 8. HEARING REQUIREMENT.</DELETED>

<DELETED>    Section 401(a) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--

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