Home > 106th Congressional Bills > S. 400 (ris) 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 (ris) 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...
106th CONGRESS
2d Session
S. 400
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 29, 2000
Referred to the Committee on Banking and Financial Services
_______________________________________________________________________
AN ACT
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Act Amendments of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Restriction on waiver authority.
Sec. 3. Assistance to families that are not low-income.
Sec. 4. Elimination of waiver authority for small tribes.
Sec. 5. Labor standards.
Sec. 6. Environmental compliance.
Sec. 7. Oversight.
Sec. 8. Allocation formula.
Sec. 9. Hearing requirement.
Sec. 10. Performance agreement time limit.
Sec. 11. Technical and conforming amendments.
SEC 2. RESTRICTION ON WAIVER AUTHORITY.
(a) In General.--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 through
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 exigent circumstances beyond the control of the Indian tribe.''.
(b) Local Cooperation Agreement.--Section 101(c) of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4111(c)) is amended by adding at the end the following: ``The
Secretary may waive the requirements of this subsection and subsection
(d) if the recipient has made a good faith effort to fulfill the
requirements of this subsection and subsection (d) and agrees to make
payments in lieu of taxes to the appropriate taxing authority in an
amount consistent with the requirements of subsection (d)(2) until such
time as the matter of making such payments has been resolved in
accordance with subsection (d).''.
SEC. 3. 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(c)) is amended by adding at
the end the following:
``(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.''.
SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES.
Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
SEC. 5. LABOR STANDARDS.
Section 104(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114(b)) is amended--
(1) by striking ``Davis-Bacon Act (40 U.S.C. 276a-276a-5)''
and inserting ``Act of March 3, 1931 (commonly known as the
`Davis-Bacon Act') (46 Stat. 1494, chapter 411; 40 U.S.C. 276a
et seq.)''; and
(2) by adding at the end the following:
``(3) Application of tribal laws.--Paragraph (1) shall not
apply to any contract or agreement for assistance, sale, or
lease pursuant to this Act, if such contract or agreement is
otherwise covered by 1 or more laws or regulations adopted by
an Indian tribe that requires the payment of not less than
prevailing wages, as determined by the Indian tribe.''.
SEC. 6. ENVIRONMENTAL COMPLIANCE.
Section 105 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the
end the following:
``(d) Environmental Compliance.--The Secretary may waive the
requirements under this section if the Secretary determines that a
failure on the part of a recipient to comply with provisions of this
section--
``(1) will not frustrate the goals of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) or
any other provision of law that furthers the goals of that Act;
``(2) does not threaten the health or safety of the
community involved by posing an immediate or long-term hazard
to residents of that community;
``(3) is a result of inadvertent error, including an
incorrect or incomplete certification provided under subsection
(c)(1); and
``(4) may be corrected through the sole action of the
recipient.''.
SEC. 7. OVERSIGHT.
(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:
``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT.
``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).''.
(b) Audits and Reviews.--Section 405 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4165) is
amended to read as follows:
``SEC. 405. REVIEW AND AUDIT BY SECRETARY.
``(a) Requirements Under Chapter 75 of Title 31, United States
Code.--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.
``(b) Additional Reviews and Audits.--
``(1) In general.--In addition to any audit or review under
subsection (a), to the extent the Secretary determines such
action to be appropriate, the Secretary may conduct an audit or
review of a recipient in order to--
``(A) determine whether the recipient--
``(i) has carried out--
``(I) eligible activities in a
timely manner; and
``(II) eligible activities and
certification in accordance with this
Act and other applicable law;
``(ii) has a continuing capacity to carry
out eligible activities in a timely manner; and
``(iii) is in compliance with the Indian
housing plan of the recipient; and
``(B) verify the accuracy of information contained
in any performance report submitted by the recipient
under section 404.
``(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 Urban Development.
``(c) Review of Reports.--
``(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.
``(2) Public availability.--After taking into consideration
any comments of the recipient under paragraph (1), the
Secretary--
``(A) may revise the report; and
``(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.
``(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.''.
SEC. 8. ALLOCATION FORMULA.
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--
(1) by striking ``The formula,'' and inserting the
following:
``(A) In general.--Except with respect to an Indian
tribe described in subparagraph (B), the formula''; and
(2) by adding at the end the following:
``(B) Certain indian tribes.--With respect to
fiscal year 2000 and each fiscal year thereafter, for
any Indian tribe with an Indian housing authority that
owns or operates fewer than 250 public housing units,
the formula under subparagraph (A) shall provide that
if 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), then 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.''.
SEC. 9. HEARING REQUIREMENT.
Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting each
such subparagraph 2 ems to the right;
(2) by striking ``Except as provided'' and inserting the
following:
``(1) In general.--Except as provided'';
(3) by striking ``If the Secretary takes an action under
paragraph (1), (2), or (3)'' and inserting the following:
``(2) Continuance of actions.--If the Secretary takes an
action under subparagraph (A), (B), or (C) of paragraph (1)'';
and
(4) by adding at the end the following:
``(3) Exception for certain actions.--
``(A) In general.--Notwithstanding any other
provision of this subsection, if the Secretary makes a
determination that the failure of a recipient of
assistance under this Act to comply substantially with
any material provision (as that term is defined by the
Secretary) of this Act is resulting, and would continue
to result, in a continuing expenditure of Federal funds
in a manner that is not authorized by law, the
Secretary may take an action described in paragraph
(1)(C) before conducting a hearing.
``(B) Procedural requirement.--If the Secretary
takes an action described in subparagraph (A), the
Secretary shall--
``(i) provide notice to the recipient at
the time that the Secretary takes that action;
and
``(ii) conduct a hearing not later than 60
days after the date on which the Secretary
provides notice under clause (i).
``(C) Determination.--Upon completion of a hearing
under this paragraph, the Secretary shall make a
determination regarding whether to continue taking the
action that is the subject of the hearing, or take
another action under this subsection.''.
SEC. 10. PERFORMANCE AGREEMENT TIME LIMIT.
Section 401(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(b)) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary'';
(2) by striking ``(1) is not'' and inserting the following:
``(A) is not'';
(3) by striking ``(2) is a result'' and inserting the
following:
``(B) is a result'';
(4) in the flush material following paragraph (1)(B), as
redesignated by paragraph (3) of this section--
(A) by adjusting the margin 2 ems to the right; and
(B) by inserting before the period at the end the
following: ``, if the recipient enters into a
performance agreement with the Secretary that specifies
the compliance objectives that the recipient will be
required to achieve by the termination date of the
performance agreement''; and
(5) by adding at the end the following:
``(2) Performance agreement.--The period of a performance
agreement described in paragraph (1) shall be for 1 year.
``(3) Review.--Upon the termination of a performance
agreement entered into under paragraph (1), the Secretary shall
review the performance of the recipient that is a party to the
agreement.
``(4) Effect of review.--If, on the basis of a review under
paragraph (3), the Secretary determines that the recipient--
``(A) has made a good faith effort to meet the
compliance objectives specified in the agreement, the
Secretary may enter into an additional performance
agreement for the period specified in paragraph (2);
and
``(B) has failed to make a good faith effort to
meet applicable compliance objectives, the Secretary
shall determine the recipient to have failed to comply
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