[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1210 Reported in Senate (RS)]






                                                       Calendar No. 609
107th CONGRESS
  2d Session
                                S. 1210

                          [Report No. 107-246]

    To reauthorize the Native American Housing Assistance and Self-
                       Determination Act of 1996.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2001

 Mr. Campbell (for himself, Mr. Inouye, Mr. Daschle, Mr. Johnson, Mr. 
 Burns, Mr. Domenici, Mr. Inhofe, Mr. Feingold, Mr. McCain, Mr. Akaka, 
 Mr. Baucus, Mr. Bingaman, and Ms. Cantwell) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                            August 28, 2002

 Reported under authority of the order of the Senate of July 29, 2002, 
     by Mr. Inouye, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            August 28, 2002

   Referred to the Committee on Banking, Housing, and Urban Affairs 
 pursuant to the order of May 27, 1988, for a period not to exceed 60 
                                  days

                           September 17, 2002

    Reported by Mr. Sarbanes, with an amendment in the nature of a 
                               substitute
[Omit the part enclosed in bold brackets and insert the part printed in 
                              bold italic]

_______________________________________________________________________

                                 A BILL


 
    To reauthorize the Native American Housing Assistance and Self-
                       Determination Act of 1996.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Native American Housing 
Assistance and Self-Determination Reauthorization Act of 
2001''.</DELETED>

<DELETED>SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING 
              ASSISTANCE AND SELF-DETERMINATION ACT OF 1996.</DELETED>

<DELETED>    (a) Block Grants.--Section 108 of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) 
is amended by striking ``, 1999, 2000, and 2001'' and inserting 
``through 2006''.</DELETED>
<DELETED>    (b) Federal Guarantees.--Subsections (a) and (b) of 
section 605 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4195) are each amended by striking 
``, 1998, 1999, 2000, and 2001'' and inserting ``through 
2006''.</DELETED>
<DELETED>    (c) Training and Technical Assistance.--Section 703 of the 
Native American Housing Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4212) is amended by striking ``, 1998, 1999, 2000, and 
2001'' and inserting ``through 2006''.</DELETED>

[SECTION 1. SHORT TITLE.

    [This Act may be cited as the ``Native American Housing Assistance 
and Self-Determination Reauthorization Act of 2002''.

[SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING ASSISTANCE AND 
              SELF-DETERMINATION ACT OF 1996.

    [(a) Block Grants.--Section 108 of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is 
amended by striking ``1998, 1999, 2000, and 2001'' and inserting ``1998 
through 2007''.
    [(b) Federal Guarantees.--Section 605 of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4195) 
is amended--
            [(1) in subsection (a), by striking ``1997, 1998, 1999, 
        2000, and 2001'' and inserting ``1997 through 2007''; and
            [(2) in subsection (b), by striking ``1997, 1998, 1999, 
        2000, and 2001'' and inserting ``1997 through 2007''.
    [(c) Training and Technical Assistance.--Section 703 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4212) is amended by striking ``1997, 1998, 1999, 2000, and 
2001'' and inserting ``1997 through 2007''.
    [(d) Indian Housing Loan Guarantee Fund.--Section 184(i) of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) 
is amended--
            [(1) in paragraph (5)(C), by striking ``each fiscal year'' 
        and inserting ``each of fiscal years 1997 through 2007''; and
            [(2) in paragraph (7), by striking ``each fiscal year'' and 
        inserting ``each of fiscal years 1997 through 2007''.

[SEC. 3. DEFINITIONS.

    [Section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C 4103) is amended by adding at the 
end the following:
            [``(22) Housing related community development.--
                    [``(A) In general.--The term `housing related 
                community development' means any tribally-owned and 
                operated facility, business, activity, or 
                infrastructure that--
                            [``(i) is necessary to the direct 
                        construction of reservation housing; and
                            [``(ii) would help an Indian tribe or its 
                        tribally-designated housing authority reduce 
                        the cost of construction of Indian housing or 
                        otherwise promote the findings of this Act.
                    [``(B) Exclusion.--The term `housing and community 
                development' does not include any activity conducted by 
                any Indian tribe under the Indian Gaming Regulatory Act 
                (25 U.S.C. 2710 et seq.).''.

[SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS.

    [Section 101(h) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111(h)) is amended--
            [(1) in the heading, by inserting ``and Planning'' after 
        ``Administrative''; and
            [(2) by inserting after the word ``Act'' the first place 
        that term appears, the following: ``for comprehensive housing 
        and community development planning activities and''.

[SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    [Section 104 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114) is amended--
            [(1) in subsection (a)(1)--
                    [(A) by striking ``A recipient'' and inserting the 
                following: ``Notwithstanding any other provision of 
                this Act, a recipient''; and
                    [(B) by striking subparagraph (B) and inserting the 
                following:
                    [``(B) the recipient has agreed that it will 
                utilize such income for housing related activities in 
                accordance with this Act.''; and
            [(2) in subsection (a)(2)--
                    [(A) in the heading, by inserting ``Restricted 
                Access or'' before the word ``Reduction'';
                    [(B) in subparagraph (B), by striking ``or'' at the 
                end;
                    [(C) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    [(D) by adding at the end the following:
                    [``(D) whether the recipient has expended retained 
                program income for housing-related activities.''.

[SEC. 6. REGULATIONS.

    [Section 106(b)(2)(A) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amended by 
inserting after ``required under this Act'' the following: ``, 
including any regulations that may be required pursuant to amendments 
made to this Act after the date of enactment of this Act,''.

[SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING 
              ACTIVITIES.

    [Section 601 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4191) is amended--
            [(1) in subsection (a), by inserting after ``section 202'' 
        the following: ``and housing related community development 
        activity as consistent with the purposes of this Act'';
            [(2) by striking subsection (b); and
            [(3) by redesignating subsections (c) and (d) as 
        subsections (b) and (c), respectively.

[SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF HOUSING 
              ASSISTANCE IN NATIVE COMMUNITIES.

    [Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended by adding at the 
end the following:
            [``(7) Community development demonstration project.--
                    [``(A) In general.--Consistent with principles of 
                Indian self-determination and the findings of this Act, 
                the Secretary shall conduct and submit to Congress a 
                study of the feasibility of establishing a 
                demonstration project in which Indian tribes, tribal 
                organizations, or tribal consortia are authorized to 
                expend amounts received pursuant to the Native American 
                Housing Assistance and Self-Determination 
                Reauthorization Act of 2002 in order to design, 
                implement, and operate community development 
                demonstration projects.
                    [``(B) Study.--Not later than 1 year after the date 
                of enactment of the Native American Housing Assistance 
                and Self-Determination Reauthorization Act of 2002, the 
                Secretary shall submit the study conducted under 
                subparagraph (A) to the Committee on Banking, Housing, 
                and Urban Affairs and the Committee on Indian Affairs 
                of the Senate, and the Committee on Financial Services 
                and the Committee on Resources of the House of 
                Representatives.
            [``(8) Self-determination act demonstration project.--
                    [``(A) In general.--Consistent with the provisions 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.), the Secretary 
                shall conduct and submit to Congress a study of the 
                feasibility of establishing a demonstration project in 
                which Indian tribes and tribal organizations are 
                authorized to receive assistance in a manner that 
                maximizes tribal authority and decision-making in the 
                design and implementation of Federal housing and 
                related activity funding.
                    [``(B) Study.--Not later than 1 year after the date 
                of enactment of the Native American Housing Assistance 
                and Self-Determination Reauthorization Act of 2002, the 
                Secretary shall submit the study conducted under 
                subparagraph (A) to the Committee on Banking, Housing, 
                and Urban Affairs and the Committee on Indian Affairs 
                of the Senate, and the Committee on Financial Services 
                and the Committee on Resources of the House of 
                Representatives.''.

[SEC. 9. INSURANCE AND HOUSING CONTINGENCIES.

    [(a) Development Protocols and Construction Practices.--The 
Secretary of Housing and Urban Development, in cooperation with Indian 
tribes, the National American Indian Housing Council, AMERIND, other 
tribal organizations as appropriate, and experts from the housing and 
construction sectors, shall develop appropriate protocols and 
construction practices to eliminate, to the maximum extent feasible, 
the conditions that give rise to black mold and other cumulative 
maladies that render housing assisted under this Act, dangerous or 
uninhabitable.
    [(b) Implementation of Protocols and Construction Practices.--Not 
later than 180 days after the date of enactment of this Act, the 
Secretary of Housing and Urban Affairs, acting through the Office of 
Healthy Homes and the Office of Native American Programs, shall 
implement the protocols and construction practices developed under 
subsection (a) in all construction, renovation, and repair of housing 
assisted with funds provided under this Act.
    [(c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Housing and Urban Affairs shall 
complete and submit to Congress a report that details--
            [(1) the effectiveness of the implementation of the 
        protocols and construction practices; and
            [(2) whether statutory, regulatory, or administrative 
        changes need to be made to improve the effectiveness of the 
        efforts of the Department of Housing and Urban Affairs to 
        eliminate the conditions that give rise to black mold and other 
        cumulative maladies.
    [(d) Black Mold Infestation.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Housing and Urban 
Development shall--
            [(1) complete a study on the extent of black mold 
        infestation of Native American housing in the United States; 
        and
            [(2) submit to Congress a report that describes 
        recommendations of the Secretary for means by which to address 
        the infestation.
    [(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

[SEC. 10. NATIVE HAWAIIAN HOUSING.

    [Title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 is amended--
            [(1) in section 801 (25 U.S.C. 4221), by adding at the end 
        the following:
            [``(10) Office of hawaiian affairs.--The term `Office of 
        Hawaiian Affairs' means the entity of that name established 
        under the Constitution of the State of Hawaii.''; and
            [(2) by adding at the end the following:

[``SEC. 825. OFFICE OF HAWAIIAN AFFAIRS.

    [``(a) In General.--The Secretary is authorized to enter into 
negotiated rulemaking with representatives of the Office of Hawaiian 
Affairs to--
            [``(1) determine the conditions under which the Secretary 
        may make block grants under subsection (b) and section 802 for 
        affordable housing activities to the Office of Hawaiian Affairs 
        in the Office's capacity as a housing entity;
            [``(2) establish a process for the submission of a housing 
        plan to the Secretary to serve the needs of low-income families 
        to be served by the Office of Hawaiian Affairs, and the 
        requirements associated with such plan under subsection (c) and 
        section 803;
            [``(3) determine the lands upon which housing will be 
        constructed to serve the needs of low-income families;
            [``(4) establish a process for the review of a housing plan 
        under section 804;
            [``(5) address the treatment of program income and labor 
        standards consistent with the provisions of section 805;
            [``(6) provide a process for environmental review 
        consistent with section 806;
            [``(7) develop regulations under section 807;
            [``(8) address the means by which the Office of Hawaiian 
        Affairs will carry out affordable housing activities under 
        section 809;
            [``(9) establish criteria associated with eligible 
        affordable housing activities consistent with section 810;
            [``(10) establish requirements for affordable housing 
        activities consistent with section 811;
            [``(11) address the types of investments subject to section 
        811 and an applicable housing plan approved under section 803, 
        consistent with section 812;
            [``(12) establish requirements for low-income and income 
        targeting consistent with section 813;
            [``(13) establish requirements for leases and tenant 
        selection consistent with section 814;
            [``(14) provide for the conditions of repayment, an annual 
        allocation, and an allocation formula consistent with sections 
        815, 816, and 817;
            [``(15) provide for the monitoring of compliance and the 
        submittal of performance reports consistent with sections 819 
        and 820;
            [``(16) establish the terms and conditions for an annual 
        review and audit conducted by the Secretary consistent with 
        section 821; and
            [``(17) provide for audits to be conducted by the General 
        Accounting Office consistent with section 822.
    [``(b) Grant Authority.--For each fiscal year, the Secretary shall, 
to the extent that amounts are made available to carry out this 
section, make a grant under this title to the Office of Hawaiian 
Affairs to carry out affordable housing activities for Native Hawaiian 
families.
    [``(c) Housing Plan.--The Secretary shall require the Office of 
Hawaiian Affairs to submit a housing plan under this section for each 
fiscal year and provide for the review of each plan submitted under 
this section.''.]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Housing Assistance 
and Self-Determination Reauthorization Act of 2002''.

SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING ASSISTANCE AND 
              SELF-DETERMINATION ACT OF 1996.

    (a) Block Grants.--Section 108 of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is 
amended by striking ``1998, 1999, 2000, and 2001'' and inserting ``1998 
through 2007''.
    (b) Federal Guarantees.--Section 605 of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4195) is 
amended--
            (1) in subsection (a), by striking ``1997, 1998, 1999, 
        2000, and 2001'' and inserting ``1997 through 2007''; and
            (2) in subsection (b), by striking ``1997, 1998, 1999, 
        2000, and 2001'' and inserting ``1997 through 2007''.
    (c) Training and Technical Assistance.--Section 703 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4212) is amended by striking ``1997, 1998, 1999, 2000, and 
2001'' and inserting ``1997 through 2007''.
    (d) Indian Housing Loan Guarantee Fund.--Section 184(i) of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) 
is amended--
            (1) in paragraph (5)(C), by striking ``each fiscal year'' 
        and inserting ``each of fiscal years 1997 through 2007''; and
            (2) in paragraph (7), by striking ``each fiscal year'' and 
        inserting ``each of fiscal years 1997 through 2007''.

SEC. 3. DEFINITIONS.

    Section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C 4103) is amended by adding at the 
end the following:
            ``(22) Housing related community development.--
                    ``(A) In general.--The term `housing related 
                community development' means any tribally-owned and 
                operated facility, business, activity, or 
                infrastructure that--
                            ``(i) is necessary to the direct 
                        construction of reservation housing; and
                            ``(ii) would help an Indian tribe or its 
                        tribally-designated housing authority reduce 
                        the cost of construction of Indian housing or 
                        otherwise promote the findings of this Act.
                    ``(B) Exclusion.--The term `housing and community 
                development' does not include any activity conducted by 
                any Indian tribe under the Indian Gaming Regulatory Act 
                (25 U.S.C. 2710 et seq.).''.

SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS.

    Section 101(h) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111(h)) is amended--
            (1) in the heading, by inserting ``and Planning'' after 
        ``Administrative''; and
            (2) by inserting after the word ``Act'' the first place 
        that term appears, the following: ``for comprehensive housing 
        and community development planning activities and''.

SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    Section 104 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``A recipient'' and inserting the 
                following: ``Notwithstanding any other provision of 
                this Act, a recipient''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) the recipient has agreed that it will utilize 
                such income for housing related activities in 
                accordance with this Act.''; and
            (2) in subsection (a)(2)--
                    (A) in the heading, by inserting ``Restricted 
                Access or'' before the word ``Reduction'';
                    (B) in subparagraph (B), by striking ``or'' at the 
                end;
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(D) whether the recipient has expended retained 
                program income for housing-related activities.''.

SEC. 6. REGULATIONS.

    Section 106(b)(2)(A) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amended by 
inserting after ``required under this Act'' the following: ``, 
including any regulations that may be required pursuant to amendments 
made to this Act after the date of enactment of this Act,''.

SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES.

    Section 601 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4191) is amended--
            (1) in subsection (a), by inserting after ``section 202'' 
        the following: ``and housing related community development 
        activity as consistent with the purposes of this Act'';
            (2) by striking subsection (b); and
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.

SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF HOUSING 
              ASSISTANCE IN NATIVE COMMUNITIES.

    Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended by adding at the 
end the following:
            ``(7) Community development demonstration project.--
                    ``(A) In general.--Consistent with principles of 
                Indian self-determination and the findings of this Act, 
                the Secretary shall conduct and submit to Congress a 
                study of the feasibility of establishing a 
                demonstration project in which Indian tribes, tribal 
                organizations, or tribal consortia are authorized to 
                expend amounts received pursuant to the Native American 
                Housing Assistance and Self-Determination 
                Reauthorization Act of 2002 in order to design, 
                implement, and operate community development 
                demonstration projects.
                    ``(B) Study.--Not later than 1 year after the date 
                of enactment of the Native American Housing Assistance 
                and Self-Determination Reauthorization Act of 2002, the 
                Secretary shall submit the study conducted under 
                subparagraph (A) to the Committee on Banking, Housing, 
                and Urban Affairs and the Committee on Indian Affairs 
                of the Senate, and the Committee on Financial Services 
                and the Committee on Resources of the House of 
                Representatives.
            ``(8) Self-determination act demonstration project.--
                    ``(A) In general.--Consistent with the provisions 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.), the Secretary 
                shall conduct and submit to Congress a study of the 
                feasibility of establishing a demonstration project in 
                which Indian tribes and tribal organizations are 
                authorized to receive assistance in a manner that 
                maximizes tribal authority and decision-making in the 
                design and implementation of Federal housing and 
                related activity funding.
                    ``(B) Study.--Not later than 1 year after the date 
                of enactment of the Native American Housing Assistance 
                and Self-Determination Reauthorization Act of 2002, the 
                Secretary shall submit the study conducted under 
                subparagraph (A) to the Committee on Banking, Housing, 
                and Urban Affairs and the Committee on Indian Affairs 
                of the Senate, and the Committee on Financial Services 
                and the Committee on Resources of the House of 
                Representatives.''.

SEC. 9. BLACK MOLD INFESTATION STUDY.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall--
            (1) complete a study on the extent of black mold 
        infestation of Native American housing in the United States; 
        and
            (2) submit to Congress a report that describes 
        recommendations of the Secretary for means by which to address 
        the infestation.




                                                       Calendar No. 609

107th CONGRESS

  2d Session

                                S. 1210

                          [Report No. 107-246]

_______________________________________________________________________

                                 A BILL

    To reauthorize the Native American Housing Assistance and Self-
                       Determination Act of 1996.

_______________________________________________________________________

                           September 17, 2002

        Reported with an amendment in the nature of a substitute