[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4482 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4482

To amend the Native American Housing Assistance and Self-Determination 
          Act of 1996 to make necessary technical corrections.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

 Mr. Metcalf introduced the following bill; which was referred to the 
              Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
To amend the Native American Housing Assistance and Self-Determination 
          Act of 1996 to make necessary technical corrections.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Housing Assistance 
and Self-Determination Act Amendments of 1998''.

SEC. 2. RESTRICTION ON WAIVER AUTHORITY.

    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''.

SEC. 3. ADMINISTRATIVE CAPACITY; ASSISTANCE TO FAMILIES THAT ARE NOT 
              LOW-INCOME.

    (a) Administrative Capacity.--Subparagraph (K) of section 102(c)(4) 
of the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4112(c)(4)) is amended to read as follows:
                    ``(K) a description of the entity that will carry 
                out the activities under the plan, including--
                            ``(i) the relevant personnel of the entity; 
                        and
                            ``(ii) the administrative capacity of the 
                        entity, which shall describe the extent to 
                        which the entity--
                                    ``(I) is financially stable;
                                    ``(II) has adequate financial 
                                controls and systems in place;
                                    ``(III) has adequately trained 
                                staff; and
                                    ``(IV) has demonstrated ability to 
                                comply with applicable statutes, 
                                regulations of the Department of 
                                Housing and Urban Development, 
                                contracts and other program 
                                requirements.''.
    (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(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. INCLUSION OF HOMEBUYER SELECTION POLICIES AND CRITERIA.

    Section 207(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4137(b)) is amended--
            (1) by striking ``Tenant Selection.--'' and inserting 
        ``Tenant and Homebuyer Selection.--'';
            (2) in the matter preceding paragraph (1), by inserting 
        ``and homebuyer'' after ``tenant''; and
            (3) in paragraph (3)(A), by inserting ``and homebuyers'' 
        after ``tenants''.

SEC. 6. 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 
such 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. 1465) is 
amended to read as follows:

``SEC. 405. REVIEWS AND AUDITS.

    ``(a) Requirements Under Chapter 75 of Title 31, United States 
Code.--
            ``(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.
            ``(2) Payment of costs.--
                    ``(A) In general.--The Secretary may arrange and 
                pay for any audit required under paragraph (1).
                    ``(B) Withholding of amounts.--If the Secretary 
                pays for 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.
    ``(b) Additional Reviews and Audits.--
            ``(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--
                    ``(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) Cost of additional audits.--Additional audits and 
        reviews conducted under this subsection shall be paid for by 
        the Secretary.
    ``(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.--After reviewing the reports and audits 
relating to a recipient that are prepared under this section, the 
Secretary may adjust the amount of a grant made to a recipient under 
this Act pursuant to section 401(a), or refer for civil action any 
reported matter pursuant to section 401(c), or take other action as may 
be appropriate in accordance with existing procedures of the Department 
of Housing and Urban Development relating to audits and reviews of fund 
recipients.''.

SEC. 7. REMEDIES FOR NONCOMPLIANCE.

    (a) 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 amending subparagraph (B), as redesignated by 
        paragraph (1) of this subsection, to read as follows:
                    ``(B) reduce payments under this Act to the 
                recipient by an amount equal to the sum of the amount 
                of such payments that were not expended in accordance 
                with this Act and the cost of additional audits and 
                reviews requested by and paid for by the Secretary.'';
            (4) 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
            (5) 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 with any provision 
                of this Act is resulting, and would continue to result, 
                in an 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, take another 
                action under this subsection, or take no action.''.
    (b) Noncompliance Because of Technical Incapacity.--The matter 
following paragraph (2) of section 401(b) of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4161(b)) is amended by inserting ``take an action under subsection (a) 
or'' after ``the Secretary may''.

SEC. 8. PUBLIC AVAILABILITY OF PLANS, REPORTS, AND OTHER INFORMATION.

    Title IV of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161 et seq.) is amended by adding 
at the end the following:

``SEC. 408. AVAILABILITY OF INFORMATION.

    ``(a) In General.--Each recipient shall make available to the 
general public any housing plan, annual performance report, audit 
report, performance agreement, and policy of the recipient.
    ``(b) Waiting Lists.--With respect to waiting lists for housing 
assisted, or housing assistance using grant amounts provided, under 
this Act, each recipient shall make available--
            ``(1) to the general public, aggregate information 
        regarding the number of persons or families on such waiting 
        lists, but may not make available information that identifies 
        (in any manner) the persons or families on such list; and
            ``(2) to a family on such a waiting list, upon the request 
        of the family, information regarding the family's place on the 
        list and reasons for that place, and any movement relative to 
        other families on this list.
Each recipient shall maintain information made available under this 
subsection for purposes of review and audit under sections 405 and 
406.''.

SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Contents.--Section 1(b) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is 
amended in the table of contents--
            (1) by striking the item relating to section 206;
            (2) by striking the item relating to section 209 and 
        inserting the following:

``209. Noncompliance with affordable housing requirement.'';
        and
            (3) by inserting after the item relating to section 407 the 
        following:

``408. Public availability of information.''.
    (b) Definition of Indian Areas.--Section 4(10) of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4103(10)) is amended by inserting ``an Indian tribe or'' after 
``within which''.
    (c) Cross-Reference.--Section 4(12)(C)(i)(II) of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4103(12)(C)(i)(II)) is amended by striking ``section 107'' and 
inserting ``section 108''.
    (d) Elimination of Tax Exemption.--Section 101 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4111) is amended--
            (1) by striking subsections (c), (d) and (e); and
            (2) by inserting the following after subsection (b):
    ``(c) Cooperative Agreements.--Housing owned and operated by the 
recipient and developed under a contract between the Secretary and an 
Indian housing authority pursuant to the United States Housing Act of 
1937 may be tax-exempt and subject to a payment in lieu of taxes 
pursuant to or as recited by a cooperation agreement between the 
recipient and the local governing body. Unless abrogated, changed, or 
modified with the consent of the housing authority or any successor, 
existing cooperation agreements shall remain in full force and effect 
for so long as the beneficial title to such a project is held by the 
housing authority or any successor.
    ``(d) Fee in Lieu of Tax Required.--If one or more local governing 
bodies are providing services to housing assisted under this Act and, 
because of Federal, tribal, or State law, or the restricted nature or 
trust status of the land, the property is exempt from real property 
taxes, personal property taxes, or special assessment, a recipient may 
not request and the Secretary shall not provide a block grant under 
this Act unless a user fee is paid to the local governing body or 
bodies, as compensation for nonfee services normally provided by that 
entity to offset its costs or unless receipt of such user fees is 
waived by a local governing body. The amount of the user fee shall be 
determined by the recipient and the local governing body, but it must 
be based on the reasonable value of the services provided by the local 
governing body or bodies.
    ``(e) Requirements Related to Fee.--Notwithstanding subsection 
(d)--
            ``(1) total user fee payments to all local governing bodies 
        for a single housing unit shall be reasonable and comparable as 
        determined by the Secretary, in consultation with affected 
        local governing bodies, using local factors;
            ``(2) any projects placed under a new or existing 
        cooperation agreement that requires a payment in lieu of taxes 
        shall be exempt from the requirements of subsection (c);
            ``(3) user fee payments shall be required for all units;
            ``(4) housing whose total assistance under this Act is less 
        than $10,000 shall be exempt from the requirements of 
        subsection (c); and
            ``(5) all housing shall be exempt from the requirements of 
        subsection (c) if such housing is owned by the occupant at the 
        inception of the assistance or if conveyance of the beneficial 
        title is subsequently made to the occupant.''.
    (e) Submission of Indian Housing Plan.--Section 102(a) of the 
Native American Housing Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4112(a)) is amended--
            (1) in paragraph (1), by inserting ``(A)'' after ``(1)'';
            (2) in paragraph (1)(A), as so designated by paragraph (1) 
        of this subsection, by adding ``or'' at the end;
            (3) by striking ``(2)'' and inserting ``(B)''; and
            (4) by striking ``(3)'' and inserting ``(2)''.
    (f) Clarification.--Section 103(c)(3) of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4113(c)(3)) is amended by inserting ``not'' before ``prohibited''.
    (g) Applicability of Provisions of Civil Rights Act.--Section 
201(b)(5) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4131(b)(5)) is amended--
            (1) by inserting ``federally recognized'' before ``Indian 
        tribes''; and
            (2) by striking ``under this subsection'' and inserting 
        ``under this Act''.
    (h) Eligibility.--Section 205(a)(1) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135(a)(1)) is 
amended--
            (1) in subparagraph (A), by striking ``and'' at the end; 
        and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) in the case of housing for homeownership, is 
                made available only for a family that is a low-income 
                family;
                    ``(C) in the case of a lease-purchase agreement, is 
                made available at the time that the agreement for that 
                lease-purchase is signed; and
                    ``(D) in the case of a contract to purchase housing 
                to be acquired or constructed, is made available at the 
                time the contract for that housing is entered into.''.
    (i) Certification of Compliance With Subsidy Layering 
Requirements.--Section 206 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4136) is repealed.
    (j) Tenant Selection.--Section 207(b)(3)(B) of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4137(b)(3)(B)) is amended by striking ``the grounds for any rejection'' 
and inserting ``such rejection and the grounds for the rejection''.
    (k) Availability of Records.--Section 208 of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4138) 
is amended--
            (1) in subsection (a), by striking ``paragraph (2)'' and 
        inserting ``subsection (b)''; and
            (2) in subsection (b), by striking ``paragraph (1)'' and 
        inserting ``subsection (a)''.
    (l) IHP Requirement.--Section 184(b)(2) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(2)) is 
amended by striking ``that is under the jurisdiction of an Indian 
tribe'' and all that follows before the period at the end.
    (m) Authorization of Appropriations.--Section 184(i)(5)(C) of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)(C)) is amended by striking ``note'' and inserting ``not''.
    (n) Non-Federal Funds.--Section 520(l)(5)(B) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 11903a(l)(5)(B)) is 
amended by striking ``and Indian housing authorities''.
    (o) Ineligibility of Indian Tribes.--Section 460 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12899h-1) is 
amended by striking ``fiscal year 1997'' and inserting ``fiscal year 
1998''.
    (p) Terminations.--Section 502(a) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181(a)) is 
amended by adding at the end the following: ``Any housing that is the 
subject of a contract for tenant-based assistance between the Secretary 
and an Indian housing authority that is terminated under this section 
shall, for the following fiscal year and each fiscal year thereafter, 
be considered to be a dwelling unit under section 302(b)(1).''.
    (q) Amendments to the Public and Assisted Housing Drug Elimination 
Act of 1990.--The Public and Assisted Housing Drug Elimination Act of 
1990 (42 U.S.C. 11901 et seq.) is amended--
            (1) in section 5123, by inserting ``, Indian tribes'' 
        before ``, and private'';
            (2) in section 5124(a)(7), by inserting ``, an Indian 
        tribe,'' before ``or tribally designated'';
            (3) in section 5125(a), by inserting ``, an Indian tribe'' 
        before ``, a tribally designated''; and
            (4) in section 5126, by adding at the end the following new 
        paragraph:
            ``(6) Indian tribe.--The term `Indian tribe' has the 
        meaning given such term in section 4 of the Native American 
        Housing Assistance and Self-Determination Act of 1996.''.
                                 <all>