Home > 106th Congressional Bills > S. 401 (es) To provide for business development and trade promotion for Native Americans, and for other purposes. [Engrossed in Senate] ...S. 401 (es) To provide for business development and trade promotion for Native Americans, and for other purposes. [Engrossed in Senate] ...
Calendar No. 266
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]
_______________________________________________________________________
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--
</DELETED>
<DELETED> (1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting each
such subparagraph 2 ems to the right;</DELETED>
<DELETED> (2) by striking ``Except as provided'' and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--Except as provided'';</DELETED>
<DELETED> (3) by striking ``If the Secretary takes an action
under paragraph (1), (2), or (3)'' and inserting the
following:</DELETED>
<DELETED> ``(2) Continuance of actions.--If the Secretary
takes an action under subparagraph (A), (B), or (C) of
paragraph (1)''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(3) Exception for certain actions.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Procedural requirement.--If the
Secretary takes an action described in subparagraph
(A), the Secretary shall--</DELETED>
<DELETED> ``(i) provide notice to the
recipient at the time that the Secretary takes
that action; and</DELETED>
<DELETED> ``(ii) conduct a hearing not later
than 60 days after the date on which the
Secretary provides notice under clause
(i).</DELETED>
<DELETED> ``(C) Determination.--Upon completion of a
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