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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3219 Received in Senate (RDS)]

104th CONGRESS
  2d Session
                                H. R. 3219

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 1996

                                Received

_______________________________________________________________________

                                 AN ACT

 
   To provide Federal assistance for 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Housing Assistance and Self-Determination Act of 1996''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Congressional findings.
Sec. 3. Administration through Office of Native American Programs.
Sec. 4. Definitions.
              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Environmental review.
Sec. 106. Regulations.
Sec. 107. Effective date.
Sec. 108. Authorization of appropriations.
                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Types of investments.
Sec. 205. Low-income requirement and income targeting.
Sec. 206. Certification of compliance with subsidy layering 
                            requirements.
Sec. 207. Lease requirements and tenant selection.
Sec. 208. Availability of records.
Sec. 209. Repayment.
Sec. 210. Continued use of amounts for affordable housing.
                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Annual allocation.
Sec. 302. Allocation formula.
               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

Sec. 401. Remedies for noncompliance.
Sec. 402. Replacement of recipient.
Sec. 403. Monitoring of compliance.
Sec. 404. Performance reports.
Sec. 405. Review and audit by Secretary.
Sec. 406. GAO audits.
Sec. 407. Reports to Congress.
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

Sec. 501. Repeal of provisions relating to Indian housing assistance 
                            under United States Housing Act of 1937.
Sec. 502. Termination of Indian housing assistance under United States 
                            Housing Act of 1937.
Sec. 503. Termination of new commitments for rental assistance.
Sec. 504. Termination of youthbuild program assistance.
Sec. 505. Termination of HOME program assistance.
Sec. 506. Termination of housing assistance for the homeless.
Sec. 507. Savings provision.
Sec. 508. Effective date.
     TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING 
                               ACTIVITIES

Sec. 601. Authority and requirements.
Sec. 602. Security and repayment.
Sec. 603. Payment of interest.
Sec. 604. Training and information.
Sec. 605. Limitations on amount of guarantees.
Sec. 606. Effective date.
        TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Sec. 701. Loan guarantees for Indian housing.
Sec. 702. 50-year leasehold interest in trust or restricted lands for 
                            housing purposes.
Sec. 703. Training and technical assistance.
Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 705. Effective date.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) the Federal Government has a responsibility to promote 
        the general welfare of the Nation--
                    (A) by using Federal resources to aid families and 
                individuals seeking affordable homes in safe and 
                healthy environments and, in particular, assisting 
                responsible, deserving citizens who cannot provide 
                fully for themselves because of temporary circumstances 
                or factors beyond their control;
                    (B) by working to ensure a thriving national 
                economy and a strong private housing market; and
                    (C) by developing effective partnerships among the 
                Federal Government, State, tribal, and local 
                governments, and private entities that allow government 
                to accept responsibility for fostering the development 
                of a healthy marketplace and allow families to prosper 
                without government involvement in their day-to-day 
                activities;
            (2) there exists a unique relationship between the 
        Government of the United States and the governments of Indian 
        tribes and a unique Federal responsibility to Indian people;
            (3) the Constitution of the United States invests the 
        Congress with plenary power over the field of Indian affairs, 
        and through treaties, statutes, and historical relations with 
        Indian tribes, the United States has undertaken a unique trust 
        responsibility to protect and support Indian tribes and Indian 
        people;
            (4) the Congress, through treaties, statutes, and the 
        general course of dealing with Indian tribes, has assumed a 
        trust responsibility for the protection and preservation of 
        Indian tribes and for working with tribes and their members to 
        improve their housing conditions and socioeconomic status so 
        that they are able to take greater responsibility for their own 
        economic condition;
            (5) providing affordable homes in safe and healthy 
        environments is an essential element in the special role of the 
        United States in helping tribes and their members to improve 
        their housing conditions and socioeconomic status;
            (6) the need for affordable homes in safe and healthy 
        environments on Indian reservations, in Indian communities, and 
        in Native Alaskan villages is acute and the Federal Government 
        should work not only to provide housing assistance, but also, 
        to the extent practicable, to assist in the development of 
        private housing finance mechanisms on Indian lands to achieve 
        the goals of economic self-sufficiency and self-determination 
        for tribes and their members; and
            (7) Federal assistance to meet these responsibilities 
        should be provided in a manner that recognizes the right of 
        Indian self-determination and tribal self-governance by making 
        such assistance available directly to the Indian tribes or 
        tribally designated entities under authorities similar to those 
        accorded Indian tribes in Public Law 93-638 (25 U.S.C. 450 et 
        seq.).

SEC. 3. ADMINISTRATION THROUGH OFFICE OF NATIVE AMERICAN PROGRAMS.

    The Secretary of Housing and Urban Development shall carry out this 
Act through the Office of Native American Programs of the Department of 
Housing and Urban Development.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Adjusted income.--The term ``adjusted income'' means 
        the annual income that remains after excluding the following 
        amounts:
                    (A) Youths, students, and persons with 
                disabilities.--$480 for each member of the family 
                residing in the household (other than the head of the 
                household or the spouse of the head of the household)--
                            (i) who is under 18 years of age; or
                            (ii) who is--
                                    (I) 18 years of age or older; and
                                    (II) a person with disabilities or 
                                a full-time student.
                    (B) Elderly and disabled families.--$400 for an 
                elderly or disabled family.
                    (C) Medical and attendant expenses.--The amount by 
                which 3 percent of the annual income of the family is 
                exceeded by the aggregate of--
                            (i) medical expenses, in the case of an 
                        elderly or disabled family; and
                            (ii) reasonable attendant care and 
                        auxiliary apparatus expenses for each family 
                        member who is a person with disabilities, to 
                        the extent necessary to enable any member of 
                        the family (including a member who is a person 
                        with disabilities) to be employed.
                    (D) Child care expenses.--Child care expenses, to 
                the extent necessary to enable another member of the 
                family to be employed or to further his or her 
                education.
                    (E) Earned income of minors.--The amount of any 
                earned income of any member of the family who is less 
                than 18 years of age.
                    (F) Travel expenses.--Excessive travel expenses, 
                not to exceed $25 per family per week, for employment- 
                or education-related travel.
                    (G) Other amounts.--Such other amounts as may be 
                provided in the Indian housing plan for an Indian 
                tribe.
            (2) Affordable housing.--The term ``affordable housing'' 
        means housing that complies with the requirements for 
        affordable housing under title II. The term includes permanent 
        housing for homeless persons who are persons with disabilities, 
        transitional housing, and single room occupancy housing.
            (3) Drug-related criminal activity.--The term ``drug-
        related criminal activity'' means the illegal manufacture, 
        sale, distribution, use, or possession with intent to 
        manufacture, sell, distribute, or use, of a controlled 
        substance (as such term is defined in section 102 of the 
        Controlled Substances Act).
            (4) Elderly families and near-elderly families.--The terms 
        ``elderly family'' and ``near-elderly family'' mean a family 
        whose head (or his or her spouse), or whose sole member, is an 
        elderly person or a near-elderly person, respectively. Such 
        terms include 2 or more elderly persons or near-elderly persons 
        living together, and 1 or more such persons living with 1 or 
        more persons determined under the Indian housing plan for the 
        agency to be essential to their care or well-being.
            (5) Elderly person.--The term ``elderly person'' means a 
        person who is at least 62 years of age.
            (6) Family.--The term ``family'' includes a family with or 
        without children, an elderly family, a near-elderly family, a 
        disabled family, and a single person.
            (7) Grant beneficiary.--The term ``grant beneficiary'' 
        means the Indian tribe or tribes on behalf of which a grant is 
        made under this Act to a recipient.
            (8) Income.--The term ``income'' means income from all 
        sources of each member of the household, as determined in 
        accordance with criteria prescribed by the Secretary, except 
        that the following amounts may not be considered as income 
        under this paragraph:
                    (A) Any amounts not actually received by the 
                family.
                    (B) Any amounts that would be eligible for 
                exclusion under section 1613(a)(7) of the Social 
                Security Act.
            (9) Indian.--The term ``Indian'' means any person who is a 
        member of an Indian tribe.
            (10) Indian area.--The term ``Indian area'' means the area 
        within which a tribally designated housing entity is authorized 
        by one or more Indian tribes to provide assistance under this 
        Act for affordable housing.
            (11) Indian housing plan.--The term ``Indian housing plan'' 
        means a plan under section 102.
            (12) Indian tribe.--
                    (A) In general.--The term ``Indian tribe'' means a 
                tribe that is a federally recognized tribe or a State 
                recognized tribe.
                    (B) Federally recognized tribe.--The term 
                ``federally recognized tribe'' means any Indian tribe, 
                band, nation, or other organized group or community of 
                Indians, including any Alaska Native village or 
                regional or village corporation as defined in or 
                established pursuant to the Alaska Native Claims 
                Settlement Act, that is recognized as eligible for the 
                special programs and services provided by the United 
                States to Indians because of their status as Indians 
                pursuant to the Indian Self-Determination and Education 
                Assistance Act of 1975.
                    (C) State recognized tribe.--
                            (i) In general.--The term ``State 
                        recognized tribe'' means any tribe, band, 
                        nation, pueblo, village, or community--
                                    (I) that has been recognized as an 
                                Indian tribe by any State; and
                                    (II) for which an Indian Housing 
                                Authority has, before the effective 
                                date under section 107, entered into a 
                                contract with the Secretary pursuant to 
                                the United States Housing Act of 1937 
                                for housing for Indian families and has 
                                received funding pursuant to such 
                                contract within the 5-year period 
                                ending upon such effective date.
                            (ii) Conditions.--Notwithstanding clause 
                        (i)--
                                    (I) the allocation formula under 
                                section 302 shall be determined for a 
                                State recognized tribe under tribal 
                                membership eligibility criteria in 
                                existence on the date of the enactment 
                                of this Act; and
                                    (II) nothing in this paragraph 
                                shall be construed to confer upon a 
                                State recognized tribe any rights, 
                                privileges, responsibilities, or 
                                obligations otherwise accorded groups 
                                recognized as Indian tribes by the 
                                United States for other purposes.
            (13) Low-income family.--The term ``low-income family'' 
        means a family whose income does not exceed 80 percent of the 
        median income for the area, as determined by the Secretary with 
        adjustments for smaller and larger families, except that the 
        Secretary may, for purposes of this paragraph, establish income 
        ceilings higher or lower than 80 percent of the median for the 
        area on the basis of the findings of the Secretary or the 
        agency that such variations are necessary because of prevailing 
        levels of construction costs or unusually high or low family 
        incomes.
            (14) Median income.--The term ``median income'' means, with 
        respect to an area that is an Indian area, the greater of--
                    (A) the median income for the Indian area, which 
                the Secretary shall determine; or
                    (B) the median income for the United States.
            (15) Near-elderly person.--The term ``near-elderly person'' 
        means a person who is at least 55 years of age and less than 62 
        years of age.
            (16) Nonprofit.--The term ``nonprofit'' means, with respect 
        to an organization, association, corporation, or other entity, 
        that no part of the net earnings of the entity inures to the 
        benefit of any member, founder, contributor, or individual.
            (17) Person with disabilities.--The term ``person with 
        disabilities'' means a person who--
                    (A) has a disability as defined in section 223 of 
                the Social Security Act;
                    (B) is determined, pursuant to regulations issued 
                by the Secretary, to have a physical, mental, or 
                emotional impairment which--
                            (i) is expected to be of long-continued and 
                        indefinite duration;
                            (ii) substantially impedes his or her 
                        ability to live independently; and
                            (iii) is of such a nature that such ability 
                        could be improved by more suitable housing 
                        conditions; or
                    (C) has a developmental disability as defined in 
                section 102 of the Developmental Disabilities 
                Assistance and Bill of Rights Act.
        Such term shall not exclude persons who have the disease of 
        acquired immunodeficiency syndrome or any conditions arising 
        from the etiologic agent for acquired immunodeficiency 
        syndrome. Notwithstanding any other provision of law, no 
        individual shall be considered a person with disabilities, for 
        purposes of eligibility for housing assisted under this Act, 
        solely on the basis of any drug or alcohol dependence. The 
        Secretary shall consult with other appropriate Federal agencies 
        to implement the preceding sentence.
            (18) Recipient.--The term ``recipient'' means an Indian 
        tribe or the entity for one or more Indian tribes that is 
        authorized to receive grant amounts under this Act on behalf of 
        the tribe or tribes.
            (19) Secretary.--Except as otherwise specifically provided 
        in this Act, the term ``Secretary'' means the Secretary of 
        Housing and Urban Development.
            (20) State.--The term ``State'' means the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, and any other 
        territory or possession of the United States and Indian tribes.
            (21) Tribally designated housing entity.--The terms 
        ``tribally designated housing entity'' and ``housing entity'' 
        have the following meaning:
                    (A) Existing iha's.--With respect to any Indian 
                tribe that has not taken action under subparagraph (B), 
                and for which an Indian housing authority--
                            (i) was established for purposes of the 
                        United States Housing Act of 1937 before the 
                        date of the enactment of this Act that meets 
                        the requirements under the United States 
                        Housing Act of 1937,
                            (ii) is acting upon such date of enactment 
                        as the Indian housing authority for the tribe, 
                        and
                            (iii) is not an Indian tribe for purposes 
                        of this Act,
                the terms mean such Indian housing authority.
                    (B) Other entities.--With respect to any Indian 
                tribe that, pursuant to this Act, authorizes an entity 
                other than the tribal government to receive grant 
                amounts and provide assistance under this Act for 
                affordable housing for Indians, which entity is 
                established--
                            (i) by exercise of the power of self-
                        government of one or more Indian tribes 
                        independent of State law, or
                            (ii) by operation of State law providing 
                        specifically for housing authorities or housing 
                        entities for Indians, including regional 
                        housing authorities in the State of Alaska,
                the terms mean such entity.
                    (C) Establishment.--A tribally designated housing 
                entity may be authorized or established by one or more 
                Indian tribes to act on behalf of each such tribe 
                authorizing or establishing the housing entity.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

SEC. 101. BLOCK GRANTS.

    (a) Authority.--For each fiscal year, the Secretary shall (to the 
extent amounts are made available to carry out this Act) make grants 
under this section on behalf of Indian tribes to carry out affordable 
housing activities. Under such a grant on behalf of an Indian tribe, 
the Secretary shall provide the grant amounts for the tribe directly to 
the recipient for the tribe.
    (b) Plan Requirement.--
            (1) In general.--The Secretary may make a grant under this 
        Act on behalf of an Indian tribe for a fiscal year only if--
                    (A) the Indian tribe has submitted to the Secretary 
                an Indian housing plan for such fiscal year under 
                section 102; and
                    (B) the plan has been determined under section 103 
                to comply with the requirements of section 102.
            (2) Waiver.--The Secretary may waive the applicability of 
        the requirements under paragraph (1), in whole or in part, if 
        the Secretary finds that an Indian tribe has not complied or 
        cannot comply with such requirements due to circumstances 
        beyond the control of the tribe.
    (c) Local Cooperation Agreement.--The Secretary may not make any 
grant under this Act on behalf of an Indian tribe unless the governing 
body of the locality within which any affordable housing to be assisted 
with the grant amounts will be situated has entered into an agreement 
with the recipient for the tribe providing for local cooperation 
required by the Secretary pursuant to this Act.
    (d) Exemption From Taxation.--A grant recipient for an Indian tribe 
may receive a block grant under this Act only if--
            (1) the affordable housing assisted with grant amounts 
        received by the recipient (exclusive of any portions not 
        assisted with amounts provided under this Act) is exempt from 
        all real and personal property taxes levied or imposed by any 
        State, tribe, city, county, or other political subdivision; and
            (2) the recipient makes annual payments of user fees to 
        compensate such governments for the costs of providing 
        governmental services, including police and fire protection, 
        roads, water and sewerage systems, utilities systems and 
        related facilities, or payments in lieu of taxes to such taxing 
        authority, in an amount equal to the greater of $150 per 
        dwelling unit or 10 percent of the difference between the 
        shelter rent and the utility cost, or such lesser amount as--
                    (A) is prescribed by State, tribal, or local law;
                    (B) is agreed to by the local governing body in the 
                agreement under subsection (c); or
                    (C) the recipient and the local governing body 
                agree that such user fees or payments in lieu of taxes 
                shall not be made.
    (e) Effect of Failure To Exempt From Taxation.--Notwithstanding 
subsection (d), a grant recipient that does not comply with the 
requirements under such subsection may receive a block grant under this 
Act, but only if the tribe, State, city, county, or other political 
subdivision in which the affordable housing development is located 
contributes, in the form of cash or tax remission, the amount by which 
the taxes paid with respect to the development exceed the amounts 
prescribed in subsection (d)(2).
    (f) Amount.--Except as otherwise provided under this Act, the 
amount of a grant under this section to a recipient for a fiscal year 
shall be--
            (1) in the case of a recipient whose grant beneficiary is a 
        single Indian tribe, the amount of the allocation under section 
        301 for the Indian tribe; and
            (2) in the case of a recipient whose grant beneficiary is 
        more than 1 Indian tribe, the sum of the amounts of the 
        allocations under section 301 for each such Indian tribe.
    (g) Use for Affordable Housing Activities Under Plan.--Except as 
provided in subsection (h), amounts provided under a grant under this 
section may be used only for affordable housing activities under title 
II that are consistent with an Indian housing plan approved under 
section 103.
    (h) Administrative Expenses.--The Secretary shall, by regulation, 
authorize each recipient to use a percentage of any grant amounts 
received under this Act for any reasonable administrative and planning 
expenses of the recipient relating to carrying out this Act and 
activities assisted with such amounts, which may include costs for 
salaries of individuals engaged in administering and managing 
affordable housing activities assisted with grant amounts provided 
under this Act and expenses of preparing an Indian housing plan under 
section 102.
    (i) Public-Private Partnerships.--Each recipient shall make all 
reasonable efforts, consistent with the purposes of this Act, to 
maximize participation by the private sector, including nonprofit 
organizations and for-profit entities, in implementing the approved 
Indian housing plan.

SEC. 102. INDIAN HOUSING PLANS.

    (a) Plan Submission.--The Secretary shall provide--
            (1) for an Indian tribe to submit to the Secretary, for 
        each fiscal year, a housing plan under this section for the 
        tribe;
            (2) for the tribally designated housing entity for the 
        tribe to submit the plan as provided in subsection (d) for the 
        tribe; and
            (3) for the review of such plans.
    (b) 5-Year Plan.--Each housing plan under this section shall be in 
a form prescribed by the Secretary and shall contain, with respect to 
the 5-year period beginning with the fiscal year for which the plan is 
submitted, the following information:
            (1) Mission statement.--A general statement of the mission 
        of the Indian tribe to serve the needs of the low-income 
        families in the jurisdiction of the Indian tribe during the 
        period.
            (2) Goals and objectives.--A statement of the goals and 
        objectives of the Indian tribe to enable the tribe to serve the 
        needs identified in paragraph (1) during the period.
            (3) Activities plan.--An overview of the activities planned 
        during the period including an analysis of the manner in which 
        the activities will enable the tribe to meet its mission, 
        goals, and objectives.
    (c) 1-Year Plan.--A housing plan under this section for an Indian 
tribe shall be in a form prescribed by the Secretary and contain the 
following information relating to the upcoming fiscal year for which 
the assistance under this Act is to be made available:
            (1) Goals and objectives.--A statement of the goals and 
        objectives to be accomplished during that period.
            (2) Statement of needs.--A statement of the housing needs 
        of the low-income Indian families residing in the jurisdiction 
        of the Indian tribe and the means by which such needs will be 
        addressed during the period, including--
                    (A) a description of the estimated housing needs 
                and the need for assistance for the low-income Indian 
                families in the jurisdiction, including a description 
                of the manner in which the geographical distribution of 
                assistance is consistent with the geographical needs 
                and needs for various categories of housing assistance; 
                and
                    (B) a description of the estimated housing needs 
                for all Indian families in the jurisdiction.
            (3) Financial resources.--An operating budget for the 
        recipient, in a form prescribed by the Secretary, that 
        includes--
                    (A) an identification and a description of the 
                financial resources reasonably available to the 
                recipient to carry out the purposes of this Act, 
                including an explanation of the manner in which amounts 
                made available will leverage additional resources; and
                    (B) the uses to which such resources will be 
                committed, including eligible and required affordable 
                housing activities under title II and administrative 
                expenses.
            (4) Affordable housing resources.--A statement of the 
        affordable housing resources currently available and to be made 
        available during the period, including--
                    (A) a description of the significant 
                characteristics of the housing market in the 
                jurisdiction, including the availability of housing 
                from other public sources, private market housing, and 
                the manner in which such characteristics influence the 
                decision of the recipient to use grant amounts to be 
                provided under this Act for rental assistance, 
                production of new units, acquisition of existing units, 
                or rehabilitation of units;
                    (B) a description of the structure, coordination, 
                and means of cooperation between the recipient and any 
                other governmental entities in the development, 
                submission, or implementation of housing plans, 
                including a description of the involvement of private, 
                public, and nonprofit organizations and institutions, 
                and the use of loan guarantees under section 184 of the 
                Housing and Community Development Act of 1992, and 
                other housing assistance provided by the Federal 
                Government for Indian tribes, including loans, grants, 
                and mortgage insurance;
                    (C) a description of the manner in which the plan 
                will address the needs identified pursuant to paragraph 
                (2);
                    (D) a description of the manner in which the 
                recipient will protect and maintain the viability of 
                housing owned and operated by the recipient that was 
                developed under a contract between the Secretary and an 
                Indian housing authority pursuant to the United States 
                Housing Act of 1937;
                    (E) a description of any existing and anticipated 
                homeownership programs and rental programs to be 
                carried out during the period, and the requirements and 
                assistance available under such programs;
                    (F) a description of any existing and anticipated 
                housing rehabilitation programs necessary to ensure the 
                long-term viability of the housing to be carried out 
                during the period, and the requirements and assistance 
                available under such programs;
                    (G) a description of all other existing or 
                anticipated housing assistance provided by the 
                recipient during the period, including transitional 
                housing, homeless housing, college housing, supportive 
                services housing, and the requirements and assistance 
                available under such programs;
                    (H) a description of any housing to be demolished 
                or disposed of, a timetable for such demolition or 
                disposition, and any other information required by the 
                Secretary with respect to such demolition or 
                disposition;
                    (I) a description of the manner in which the 
                recipient will coordinate with tribal and State welfare 
                agencies to ensure that residents of such housing will 
                be provided with access to resources to assist in 
                obtaining employment and achieving self-sufficiency;
                    (J) a description of the requirements established 
                by the recipient to promote the safety of residents of 
                such housing, facilitate the undertaking of crime 
                prevention measures, allow resident input and 
                involvement, including the establishment of resident 
                organizations, and allow for the coordination of crime 
                prevention activities between the recipient and tribal 
                and local law enforcement officials; and
                    (K) a description of the entity that will carry out 
                the activities under the plan, including the 
                organizational capacity and key personnel of the 
                entity.
            (5) Certification of compliance.--Evidence of compliance 
        which shall include, as appropriate--
                    (A) a certification that the recipient will comply 
                with title II of the Civil Rights Act of 1968 in 
                carrying out this Act, to the extent that such title is 
                applicable, and other applicable Federal statutes;
                    (B) a certification that the recipient will 
                maintain adequate insurance coverage for housing units 
                that are owned and operated or assisted with grant 
                amounts provided under this Act, in compliance with 
                such requirements as may be established by the 
                Secretary;
                    (C) a certification that policies are in effect and 
                are available for review by the Secretary and the 
                public governing the eligibility, admission, and 
                occupancy of families for housing assisted with grant 
                amounts provided under this Act;
                    (D) a certification that policies are in effect and 
                are available for review by the Secretary and the 
                public governing rents charged, including the methods 
                by which such rents or homebuyer payments are 
                determined, for housing assisted with grant amounts 
                provided under this Act; and
                    (E) a certification that policies are in effect and 
                are available for review by the Secretary and the 
                public governing the management and maintenance of 
                housing assisted with grant amounts provided under this 
                Act.
    (d) Participation of Tribally Designated Housing Entity.--A plan 
under this section for an Indian tribe may be prepared and submitted on 
behalf of the tribe by the tribally designated housing entity for the 
tribe, but only if such plan contains a certification by the recognized 
tribal government of the grant beneficiary that such tribe--
            (1) has had an opportunity to review the plan and has 
        authorized the submission of the plan by the housing entity; or
            (2) has delegated to such tribally designated housing 
        entity the authority to submit a plan on behalf of the tribe 
        without prior review by the tribe.
    (e) Coordination of Plans.--A plan under this section may cover 
more than 1 Indian tribe, but only if the certification requirements 
under subsection (d) are complied with by each such grant beneficiary 
covered.
    (f) Plans for Small Tribes.--
            (1) Separate requirements.--The Secretary may--
                    (A) establish requirements for submission of plans 
                under this section and the information to be included 
                in such plans applicable to small Indian tribes and 
                small tribally designated housing entities; and
                    (B) waive any requirements under this section that 
                the Secretary determines are burdensome or unnecessary 
                for such tribes and housing entities.
            (2) Small tribes.--The Secretary may define small Indian 
        tribes and small tribally designated housing entities based on 
        the number of dwelling units assisted under this title by the 
        tribe or housing entity or owned or operated pursuant to a 
        contract under the United States Housing Act of 1937 between 
        the Secretary and the Indian housing authority for the tribe.
    (g) Regulations.--The requirements relating to the contents of 
plans under this section shall be established by regulation, pursuant 
to section 106.

SEC. 103. REVIEW OF PLANS.

    (a) Review and Notice.--
            (1) Review.--The Secretary shall conduct a limited review 
        of each Indian housing plan submitted to the Secretary to 
        ensure that the plan complies with the requirements of section 
        102. The Secretary shall have the discretion to review a plan 
        only to the extent that the Secretary considers review is 
        necessary.
            (2) Notice.--The Secretary shall notify each Indian tribe 
        for which a plan is submitted and any tribally designated 
        housing entity for the tribe whether the plan complies with 
        such requirements not later than 60 days after receiving the 
        plan. If the Secretary does not notify the Indian tribe, as 
        required under this subsection and subsection (b), the plan 
        shall be considered, for purposes of this Act, to have been 
        determined to comply with the requirements under section 102 
        and the tribe shall be considered to have been notified of 
        compliance upon the expiration of such 60-day period.
    (b) Notice of Reasons for Determination of Noncompliance.--If the 
Secretary determines that a plan, as submitted, does not comply with 
the requirements under section 102, the Secretary shall specify in the 
notice under subsection (a) the reasons for the noncompliance and any 
modifications necessary for the plan to meet the requirements under 
section 102.
    (c) Review.--After submission of the Indian housing plan or any 
amendment or modification to the plan to the Secretary, to the extent 
that the Secretary considers such action to be necessary to make 
determinations under this subsection, the Secretary shall review the 
plan (including any amendments or modifications thereto) to determine 
whether the contents of the plan--
            (1) set forth the information required by section 102 to be 
        contained in an Indian housing plan;
            (2) are consistent with information and data available to 
        the Secretary; and
            (3) are prohibited by or inconsistent with any provision of 
        this Act or other applicable law.
If the Secretary determines that any of the appropriate certifications 
required under section 102(c)(5) are not included in the plan, the plan 
shall be deemed to be incomplete.
    (d) Updates to Plan.--After a plan under section 102 has been 
submitted for an Indian tribe for any fiscal year, the tribe may comply 
with the provisions of such section for any succeeding fiscal year 
(with respect to information included for the 5-year period under 
section 102(b) or the 1-year period under section 102(c)) by submitting 
only such information regarding such changes as may be necessary to 
update the plan previously submitted. Not less than once every 5 years, 
the tribe shall submit a complete plan.
    (e) Effective Date.--This section and section 102 shall take effect 
on the date provided by the Secretary pursuant to section 106(a) to 
provide for timely submission and review of Indian housing plans as 
necessary for the provision of assistance under this Act in fiscal year 
1998.

SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    (a) Program Income.--
            (1) Authority to retain.--A recipient may retain any 
        program income that is realized from any grant amounts under 
        this Act if--
                    (A) such income was realized after the initial 
                disbursement of the grant amounts received by the 
                recipient; and
                    (B) the recipient has agreed that it will utilize 
                the program income for affordable housing activities in 
                accordance with the provisions of this Act.
            (2) Prohibition of reduction of grant.--The Secretary may 
        not reduce the grant amount for any Indian tribe based solely 
        on--
                    (A) whether the recipient for the tribe retains 
                program income under paragraph (1);
                    (B) the amount of any such program income retained; 
                or
                    (C) whether the recipient retains reserve amounts 
                described in section 210.
            (3) Exclusion of amounts.--The Secretary may, by 
        regulation, exclude from consideration as program income any 
        amounts determined to be so small that compliance with the 
        requirements of this subsection would create an unreasonable 
        administrative burden on the recipient.
    (b) Labor Standards.--
            (1) In general.--Any contract or agreement for assistance, 
        sale, or lease pursuant to this Act shall contain a provision 
        requiring that not less than the wages prevailing in the 
        locality, as determined or adopted (subsequent to a 
        determination under applicable State, tribal, or local law) by 
        the Secretary, shall be paid to all architects, technical 
        engineers, draftsmen, and technicians employed in the 
        development, and all maintenance laborers and mechanics 
        employed in the operation, of the affordable housing project 
        involved; and shall also contain a provision that not less than 
        the wages prevailing in the locality, as predetermined by the 
        Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 
        276a-276a-5), shall be paid to all laborers and mechanics 
        employed in the development of the affordable housing involved, 
        and the Secretary shall require certification as to compliance 
        with the provisions of this paragraph before making any payment 
        under such contract or agreement.
            (2) Exceptions.--Paragraph (1) and the provisions relating 
        to wages (pursuant to paragraph (1)) in any contract or 
        agreement for assistance, sale, or lease pursuant to this Act, 
        shall not apply to any individual who receives no compensation 
        or is paid expenses, reasonable benefits, or a nominal fee to 
        perform the services for which the individual volunteered and 
        who is not otherwise employed at any time in the construction 
        work.

SEC. 105. ENVIRONMENTAL REVIEW.

    (a) In General.--
            (1) Release of funds.--In order to ensure that the policies 
        of the National Environmental Policy Act of 1969 and other 
        provisions of law that further the purposes of such Act (as 
        specified in regulations issued by the Secretary) are most 
        effectively implemented in connection with the expenditure of 
        grant amounts provided under this Act, and to ensure to the 
        public undiminished protection of the environment, the 
        Secretary, in lieu of the environmental protection procedures 
        otherwise applicable, may by regulation provide for the release 
        of amounts for particular projects to tribes which assume all 
        of the responsibilities for environmental review, 
        decisionmaking, and action pursuant to such Act, and such other 
        provisions of law as the regulations of the Secretary specify, 
        that would apply to the Secretary were the Secretary to 
        undertake such projects as Federal projects.
            (2) Regulations.--
                    (A) In general.--The Secretary shall issue 
                regulations to carry out this section only after 
                consultation with the Council on Environmental Quality.
                    (B) Contents.--The regulations issued under this 
                paragraph shall--
                            (i) provide for the monitoring of the 
                        environmental reviews performed under this 
                        section;
                            (ii) in the discretion of the Secretary, 
                        facilitate training for the performance of such 
                        reviews; and
                            (iii) provide for the suspension or 
                        termination of the assumption of 
                        responsibilities under this section.
            (3) Effect on assumed responsibility.--The duty of the 
        Secretary under paragraph (2)(B) shall not be construed to 
        limit or reduce any responsibility assumed by a recipient of 
        grant amounts with respect to any particular release of funds.
    (b) Procedure.--The Secretary shall approve the release of funds 
subject to the procedures authorized by this section only if, not less 
than 15 days prior to such approval and prior to any commitment of 
funds to such projects, the tribe has submitted to the Secretary a 
request for such release accompanied by a certification that meets the 
requirements of subsection (c). The approval of the Secretary of any 
such certification shall be deemed to satisfy the responsibilities of 
the Secretary under the National Environmental Policy Act of 1969 and 
such other provisions of law as the regulations of the Secretary 
specify insofar as those responsibilities relate to the releases of 
funds for projects to be carried out pursuant thereto that are covered 
by such certification.
    (c) Certification.--A certification under the procedures authorized 
by this section shall--
            (1) be in a form acceptable to the Secretary;
            (2) be executed by the chief executive officer or other 
        officer of the tribe under this Act qualified under regulations 
        of the Secretary;
            (3) specify that the tribe has fully carried out its 
        responsibilities as described under subsection (a); and
            (4) specify that the certifying officer--
                    (A) consents to assume the status of a responsible 
                Federal official under the National Environmental 
                Policy Act of 1969 and each provision of law specified 
                in regulations issued by the Secretary insofar as the 
                provisions of such Act or such other provisions of law 
                apply pursuant to subsection (a); and
                    (B) is authorized and consents on behalf of the 
                tribe and such officer to accept the jurisdiction of 
                the Federal courts for the purpose of enforcement of 
                the responsibilities of the certifying officer as such 
                an official.

SEC. 106. REGULATIONS.

    (a) Transition Requirements.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall, by notice 
        issued in the Federal Register, establish any requirements 
        necessary to provide for the transition (upon the effectiveness 
        of this Act and the amendments made by this Act) from the 
        provision of assistance for Indian tribes and Indian housing 
        authorities under the United States Housing Act of 1937 and 
        other related provisions of law to the provision of assistance 
        in accordance with this Act and the amendments made by this 
        Act.
            (2) Public comments; general notice of proposed 
        rulemaking.--The notice issued under paragraph (1) shall--
                    (A) invite public comments regarding such 
                transition requirements and final regulations to carry 
                out this Act; and
                    (B) include a general notice of proposed rulemaking 
                (for purposes of section 564(a) of title 5, United 
                States Code) of the final regulations under subsection 
                (b).
    (b) Final Regulations.--
            (1) Timing.--The Secretary shall issue final regulations 
        necessary to carry out this Act not later than September 1, 
        1997, and such regulations shall take effect not later than the 
        effective date of this Act.
            (2) Negotiated rulemaking procedure.--
                    (A) In general.--Notwithstanding sections 563(a) 
                and 565(a) of title 5, United States Code, all 
                regulations required under this Act shall be issued 
                according to a negotiated rulemaking procedure under 
                subchapter III of chapter 5 of title 5, United States 
                Code.
                    (B) Committee.--
                            (i) In general.--The Secretary shall 
                        establish a negotiated rulemaking committee, in 
                        accordance with the procedures under that 
                        subchapter, for the development of proposed 
                        regulations under subparagraph (A).
                            (ii) Adaptation.--In establishing the 
                        negotiated rulemaking committee, the Secretary 
                        shall--
                                    (I) adapt the procedures under the 
                                subchapter described in clause (i) to 
                                the unique government-to-government 
                                relationship between the Indian tribes 
                                and the United States, and shall ensure 
                                that the membership of the committee 
                                include only representatives of the 
                                Federal Government and of 
                                geographically diverse small, medium, 
                                and large Indian tribes; and
                                    (II) shall not preclude the 
                                participation of tribally designated 
                                housing entities should tribes elect to 
                                be represented by such entities.
    (c) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 107. EFFECTIVE DATE.

    Except as otherwise expressly provided in this Act, this Act and 
the amendments made by this Act shall take effect on October 1, 1997.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for grants under this title 
such sums as may be necessary for each of fiscal years 1998, 1999, 
2000, and 2001. This section shall take effect on the date of the 
enactment of this Act.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

    (a) Primary Objective.--The national objectives of this Act are--
            (1) to assist and promote affordable housing activities to 
        develop, maintain, and operate affordable housing in safe and 
        healthy environments on Indian reservations and in other Indian 
        areas for occupancy by low-income Indian families;
            (2) to ensure better access to private mortgage markets for 
        Indian tribes and their members and to promote self-sufficiency 
        of Indian tribes and their members;
            (3) to coordinate activities to provide housing for Indian 
        tribes and their members with Federal, State, and local 
        activities to further economic and community development for 
        Indian tribes and their members;
            (4) to plan for and integrate infrastructure resources for 
        Indian tribes with housing development for tribes; and
            (5) to promote the development of private capital markets 
        in Indian country and to allow such markets to operate and 
        grow, thereby benefiting Indian communities.
    (b) Eligible Families.--
            (1) In general.--Except as provided under paragraph (2), 
        assistance under eligible housing activities under this Act 
        shall be limited to low-income Indian families on Indian 
        reservations and other Indian areas.
            (2) Exception to low-income requirement.--A recipient may 
        provide assistance for homeownership activities under section 
        202(2), model activities under section 202(6), or loan 
        guarantee activities under title VI to Indian families who are 
        not low-income families, to the extent that the Secretary 
        approves the activities pursuant to such section or title 
        because there is a need for housing for such families that 
        cannot reasonably be met without such assistance. The Secretary 
        shall establish limits on the amount of assistance that may be 
        provided under this Act for activities for families who are not 
        low-income families.
            (3) Non-indian families.--Notwithstanding paragraph (1), a 
        recipient may provide housing or housing assistance provided 
        through affordable housing activities assisted with grant 
        amounts under this Act for a non-Indian family on an Indian 
        reservation or other Indian area if the recipient determines 
        that the presence of the family on the Indian reservation or 
        other Indian area is essential to the well-being of Indian 
        families and the need for housing for the family cannot 
        reasonably be met without such assistance.
            (4) Preference for tribal members and other indian 
        families.--The Indian housing plan for an Indian tribe may 
        require preference, for housing or housing assistance provided 
        through affordable housing activities assisted with grant 
        amounts provided under this Act on behalf of such tribe, to be 
        given (to the extent practicable) to Indian families who are 
        members of such tribe, or to other Indian families. In any case 
        in which the applicable Indian housing plan for an Indian tribe 
        provides for preference under this paragraph, the recipient for 
        the tribe shall ensure that housing activities that are 
        assisted with grant amounts under this Act for such tribe are 
        subject to such preference.
            (5) Exemption.--Title VI of the Civil Rights Act of 1964 
        and title VIII of the Civil Rights Act of 1968 shall not apply 
        to actions by Indian tribes under this subsection.

SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

    Affordable housing activities under this title are activities, in 
accordance with the requirements of this title, to develop or to 
support affordable housing for rental or homeownership, or to provide 
housing services with respect to affordable housing, through the 
following activities:
            (1) Indian housing assistance.--The provision of 
        modernization or operating assistance for housing previously 
        developed or operated pursuant to a contract between the 
        Secretary and an Indian housing authority.
            (2) Development.--The acquisition, new construction, 
        reconstruction, or moderate or substantial rehabilitation of 
        affordable housing, which may include real property 
        acquisition, site improvement, development of utilities and 
        utility services, conversion, demolition, financing, 
        administration and planning, and other related activities.
            (3) Housing services.--The provision of housing-related 
        services for affordable housing, such as housing counseling in 
        connection with rental or homeownership assistance, 
        establishment and support of resident organizations and 
        resident management corporations, energy auditing, activities 
        related to the provision of self-sufficiency and other 
        services, and other services related to assisting owners, 
        tenants, contractors, and other entities, participating or 
        seeking to participate in other housing activities assisted 
        pursuant to this section.
            (4) Housing management services.--The provision of 
        management services for affordable housing, including 
        preparation of work specifications, loan processing, 
        inspections, tenant selection, management of tenant-based 
        rental assistance, and management of affordable housing 
        projects.
            (5) Crime prevention and safety activities.--The provision 
        of safety, security, and law enforcement measures and 
        activities appropriate to protect residents of affordable 
        housing from crime.
            (6) Model activities.--Housing activities under model 
        programs that are designed to carry out the purposes of this 
        Act and are specifically approved by the Secretary as 
        appropriate for such purpose.

SEC. 203. PROGRAM REQUIREMENTS.

    (a) Rents.--
            (1) Establishment.--Subject to paragraph (2), each 
        recipient shall develop written policies governing rents and 
        homebuyer payments charged for dwelling units assisted under 
        this Act, including the methods by which such rents and 
        homebuyer payments are determined.
            (2) Maximum rent.--In the case of any low-income family 
        residing in a dwelling unit assisted with grant amounts under 
        this Act, the monthly rent or homebuyer payment (as applicable) 
        for such dwelling unit may not exceed 30 percent of the monthly 
        adjusted income of such family.
    (b) Maintenance and Efficient Operation.--Each recipient who owns 
or operates (or is responsible for funding any entity that owns or 
operates) housing developed or operated pursuant to a contract between 
the Secretary and an Indian housing authority pursuant to the United 
States Housing Act of 1937 shall, using amounts of any grants received 
under this Act, reserve and use for operating assistance under section 
202(1) such amounts as may be necessary to provide for the continued 
maintenance and efficient operation of such housing. This subsection 
may not be construed to prevent any recipient (or entity funded by a 
recipient) from demolishing or disposing of Indian housing referred to 
in this subsection, pursuant to regulations established by the 
Secretary.
    (c) Insurance Coverage.--Each recipient shall maintain adequate 
insurance coverage for housing units that are owned or operated or 
assisted with grant amounts provided under this Act.
    (d) Eligibility for Admission.--Each recipient shall develop 
written policies governing the eligibility, admission, and occupancy of 
families for housing assisted with grant amounts provided under this 
Act.
    (e) Management and Maintenance.--Each recipient shall develop 
policies governing the management and maintenance of housing assisted 
with grant amounts under this Act.

SEC. 204. TYPES OF INVESTMENTS.

    (a) In General.--Subject to section 203 and the Indian housing plan 
for an Indian tribe, the recipient for that tribe shall have--
            (1) the discretion to use grant amounts for affordable 
        housing activities through equity investments, interest-bearing 
        loans or advances, noninterest-bearing loans or advances, 
        interest subsidies, leveraging of private investments, or any 
        other form of assistance that the Secretary has determined to 
        be consistent with the purposes of this Act; and
            (2) the right to establish the terms of assistance.
    (b) Investments.--A recipient may invest grant amounts for the 
purposes of carrying out affordable housing activities in investment 
securities and other obligations as approved by the Secretary.

SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

    (a) In General.--Housing shall qualify as affordable housing for 
purposes of this Act only if--
            (1) each dwelling unit in the housing--
                    (A) in the case of rental housing, is made 
                available for occupancy only by a family that is a low-
                income family at the time of their initial occupancy of 
                such unit; and
                    (B) in the case of housing for homeownership, is 
                made available for purchase only by a family that is a 
                low-income family at the time of purchase; and
            (2) except for housing assisted under section 202 of the 
        United States Housing Act of 1937 (as in effect before the date 
        of the effectiveness of this Act), each dwelling unit in the 
        housing will remain affordable, according to binding 
        commitments satisfactory to the Secretary, for the remaining 
        useful life of the property (as determined by the Secretary) 
        without regard to the term of the mortgage or to transfer of 
        ownership, or for such other period that the Secretary 
        determines is the longest feasible period of time consistent 
        with sound economics and the purposes of this Act, except upon 
        a foreclosure by a lender (or upon other transfer in lieu of 
        foreclosure) if such action--
                    (A) recognizes any contractual or legal rights of 
                public agencies, nonprofit sponsors, or others to take 
                actions that would avoid termination of low-income 
                affordability in the case of foreclosure or transfer in 
                lieu of foreclosure; and
                    (B) is not for the purpose of avoiding low-income 
                affordability restrictions, as determined by the 
                Secretary.
    (b) Exception.--Notwithstanding subsection (a), housing assisted 
pursuant to section 201(b)(2) shall be considered affordable housing 
for purposes of this Act.

SEC. 206. CERTIFICATION OF COMPLIANCE WITH SUBSIDY LAYERING 
              REQUIREMENTS.

    With respect to housing assisted with grant amounts provided under 
this Act, the requirements of section 102(d) of the Department of 
Housing and Urban Development Reform Act of 1989 shall be considered to 
be satisfied upon certification by the Secretary that the combination 
of Federal assistance provided to any housing project is not any more 
than is necessary to provide affordable housing.

SEC. 207. LEASE REQUIREMENTS AND TENANT SELECTION.

    (a) Leases.--Except to the extent otherwise provided by or 
inconsistent with tribal law, in renting dwelling units in affordable 
housing assisted with grant amounts provided under this Act, the owner 
or manager of the housing shall utilize leases that--
            (1) do not contain unreasonable terms and conditions;
            (2) require the owner or manager to maintain the housing in 
        compliance with applicable housing codes and quality standards;
            (3) require the owner or manager to give adequate written 
        notice of termination of the lease, which shall be the period 
        of time required under State, tribal, or local law;
            (4) specify that, with respect to any notice of eviction or 
        termination, notwithstanding any State, tribal, or local law, a 
        resident shall be informed of the opportunity, prior to any 
        hearing or trial, to examine any relevant documents, records, 
        or regulations directly related to the eviction or termination;
            (5) require that the owner or manager may not terminate the 
        tenancy, during the term of the lease, except for serious or 
        repeated violation of the terms or conditions of the lease, 
        violation of applicable Federal, State, tribal, or local law, 
        or for other good cause; and
            (6) provide that the owner or manager may terminate the 
        tenancy of a resident for any activity, engaged in by the 
        resident, any member of the household of the resident, or any 
        guest or other person under the control of the resident, that--
                    (A) threatens the health or safety of, or right to 
                peaceful enjoyment of the premises by, other residents 
                or employees of the owner or manager of the housing;
                    (B) threatens the health or safety of, or right to 
                peaceful enjoyment of their premises by, persons 
                residing in the immediate vicinity of the premises; or
                    (C) is criminal activity (including drug-related 
                criminal activity) on or off the premises.
    (b) Tenant Selection.--The owner or manager of affordable rental 
housing assisted with grant amounts provided under this Act shall adopt 
and utilize written tenant selection policies and criteria that--
            (1) are consistent with the purpose of providing housing 
        for low-income families;
            (2) are reasonably related to program eligibility and the 
        ability of the applicant to perform the obligations of the 
        lease; and
            (3) provide for--
                    (A) the selection of tenants from a written waiting 
                list in accordance with the policies and goals set 
                forth in the Indian housing plan for the tribe that is 
                the grant beneficiary of such grant amounts; and
                    (B) the prompt notification in writing of any 
                rejected applicant of the grounds for any rejection.

SEC. 208. AVAILABILITY OF RECORDS.

    (a) Provision of Information.--Notwithstanding any other provision 
of law, except as provided in paragraph (2), the National Crime 
Information Center, police departments, and other law enforcement 
agencies shall, upon request, provide information to Indian tribes or 
tribally designated housing entities regarding the criminal conviction 
records of adult applicants for, or tenants of, housing assisted with 
grant amounts provided to such tribe or entity under this Act for 
purposes of applicant screening, lease enforcement, and eviction.
    (b) Exception.--A law enforcement agency described in paragraph (1) 
shall provide information under this paragraph relating to any criminal 
conviction of a juvenile only to the extent that the release of such 
information is authorized under the law of the applicable State, tribe, 
or locality.
    (c) Confidentiality.--An Indian tribe or tribally designated 
housing entity receiving information under this section may use such 
information only for the purposes provided in this section and such 
information may not be disclosed to any person who is not an officer, 
employee, or authorized representative of the tribe or entity or the 
owner of housing assisted under this Act, and who has a job-related 
need to have access to the information for the purposes under this 
section. For judicial eviction proceedings, disclosures may be made to 
the extent necessary. The Secretary shall, by regulation, establish 
procedures necessary to ensure that information provided under this 
section to any tribe or entity is used, and confidentiality is 
maintained, as required under this section.

SEC. 209. REPAYMENT.

    If a recipient uses grant amounts to provide affordable housing 
under activities under this title and, at any time during the useful 
life of the housing the housing does not comply with the requirement 
under section 205(2), the Secretary shall reduce future grant payments 
on behalf of the grant beneficiary by an amount equal to the grant 
amounts used for such housing (under the authority under section 
401(a)(2)) or require repayment to the Secretary of an amount equal to 
such grant amounts.

SEC. 210. CONTINUED USE OF AMOUNTS FOR AFFORDABLE HOUSING.

    Any funds for programs for low-income housing under the United 
States Housing Act of 1937 that, on the date of the applicability of 
this Act to an Indian tribe, are owned by, or in the possession or 
under the control of, the Indian housing authority for the tribe, 
including all reserves not otherwise obligated, shall be considered 
assistance under this Act and subject to the provisions of this Act 
relating to use of such assistance.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

SEC. 301. ANNUAL ALLOCATION.

    For each fiscal year, the Secretary shall allocate any amounts made 
available for assistance under this Act for the fiscal year, in 
accordance with the formula established pursuant to section 302, among 
Indian tribes that comply with the requirements under this Act for a 
grant under this Act.

SEC. 302. ALLOCATION FORMULA.

    (a) Establishment.--The Secretary shall, by regulations issued not 
later than the expiration of the 12-month period beginning on the date 
of the enactment of this Act, in the manner provided under section 106, 
establish a formula to provide for allocating amounts available for a 
fiscal year for block grants under this Act among Indian tribes in 
accordance with the requirements of this section.
    (b) Factors for Determination of Need.--The formula shall be based 
on factors that reflect the need of the Indian tribes and the Indian 
areas of the tribes for assistance for affordable housing activities, 
including the following factors:
            (1) The number of low-income housing dwelling units owned 
        or operated at the time pursuant to a contract between an 
        Indian housing authority for the tribe and the Secretary.
            (2) The extent of poverty and economic distress and the 
        number of Indian families within Indian areas of the tribe.
            (3) Other objectively measurable conditions as the 
        Secretary and the Indian tribes may specify.
    (c) Other Factors for Consideration.--In establishing the formula, 
the Secretary shall consider--
            (1) the relative administrative capacities and other 
        challenges faced by the recipient, including, but not limited 
        to geographic distribution within the Indian area and technical 
        capacity; and
            (2) the extent to which terminations of assistance under 
        title V will affect funding available to State recognized 
        tribes.
    (d) Funding for Public Housing Operation and Modernization.--
            (1) Full funding.--The formula shall provide that, if, in 
        any fiscal year, the total amount made available for assistance 
        under this Act is equal to or greater than the total amount 
        made available for fiscal year 1996 for assistance for the 
        operation and modernization of public housing developed or 
        operated pursuant to a contract between the Secretary and an 
        Indian housing authority pursuant to the United States Housing 
        Act of 1937, the amount provided for such fiscal year for each 
        Indian tribe for which such operating or modernization 
        assistance was provided for fiscal year 1996 shall not be less 
        than the total amount of such operating and modernization 
        assistance provided for fiscal year 1996 for such tribe.
            (2) Partial funding.--The formula shall provide that, if, 
        in any fiscal year, the total amount made available for 
        assistance under this Act is less than the total amount made 
        available for fiscal year 1996 for assistance for the operation 
        and modernization of public housing developed or operated 
        pursuant to a contract between the Secretary and an Indian 
        housing authority pursuant to the United States Housing Act of 
        1937, the amount provided for such fiscal year for each Indian 
        tribe for which such operating or modernization assistance was 
        provided for fiscal year 1996 shall not be less than the amount 
        that bears the same ratio to the total amount available for 
        assistance under this Act for such fiscal year that the amount 
        of operating and modernization assistance provided for the 
        tribe for fiscal year 1996 bears to the total amount made 
        available for fiscal year 1996 for assistance for the operation 
        and modernization of such public housing.
    (e) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

SEC. 401. REMEDIES FOR NONCOMPLIANCE.

    (a) Actions by Secretary Affecting Grant Amounts.--Except as 
provided in subsection (b), if the Secretary finds after reasonable 
notice and opportunity for hearing that a recipient of assistance under 
this Act has failed to comply substantially with any provision of this 
Act, the Secretary shall--
            (1) terminate payments under this Act to the recipient;
            (2) reduce payments under this Act to the recipient by an 
        amount equal to the amount of such payments that were not 
        expended in accordance with this Act;
            (3) limit the availability of payments under this Act to 
        programs, projects, or activities not affected by such failure 
        to comply; or
            (4) in the case of noncompliance described in section 
        402(b), provide a replacement tribally designated housing 
        entity for the recipient, under section 402.
If the Secretary takes an action under paragraph (1), (2), or (3), the 
Secretary shall continue such action until the Secretary determines 
that the failure to comply has ceased.
    (b) Noncompliance Because of Technical Incapacity.--If the 
Secretary makes a finding under subsection (a), but determines that the 
failure to comply substantially with the provisions of this Act--
            (1) is not a pattern or practice of activities constituting 
        willful noncompliance, and
            (2) is a result of the limited capability or capacity of 
        the recipient,
the Secretary may provide technical assistance for the recipient 
(directly or indirectly) that is designed to increase the capability 
and capacity of the recipient to administer assistance provided under 
this Act in compliance with the requirements under this Act.
    (c) Referral for Civil Action.--
            (1) Authority.--In lieu of, or in addition to, any action 
        authorized by subsection (a), if the Secretary has reason to 
        believe that a recipient has failed to comply substantially 
        with any provision of this Act, the Secretary may refer the 
        matter to the Attorney General of the United States with a 
        recommendation that an appropriate civil action be instituted.
            (2) Civil action.--Upon such a referral, the Attorney 
        General may bring a civil action in any United States district 
        court having venue thereof for such relief as may be 
        appropriate, including an action to recover the amount of the 
        assistance furnished under this Act that was not expended in 
        accordance with it, or for mandatory or injunctive relief.
    (d) Review.--
            (1) In general.--Any recipient who receives notice under 
        subsection (a) of the termination, reduction, or limitation of 
        payments under this Act--
                    (A) may, not later than 60 days after receiving 
                such notice, file with the United States Court of 
                Appeals for the circuit in which such State is located, 
                or in the United States Court of Appeals for the 
                District of Columbia, a petition for review of the 
                action of the Secretary; and
                    (B) upon the filing of any petition under 
                subparagraph (A), shall forthwith transmit copies of 
                the petition to the Secretary and the Attorney General 
                of the United States, who shall represent the Secretary 
                in the litigation.
            (2) Procedure.--The Secretary shall file in the court a 
        record of the proceeding on which the Secretary based the 
        action, as provided in section 2112 of title 28, United States 
        Code. No objection to the action of the Secretary shall be 
        considered by the court unless such objection has been urged 
        before the Secretary.
            (3) Disposition.--
                    (A) Court proceedings.--The court shall have 
                jurisdiction to affirm or modify the action of the 
                Secretary or to set it aside in whole or in part. The 
                findings of fact by the Secretary, if supported by 
                substantial evidence on the record considered as a 
                whole, shall be conclusive. The court may order 
                additional evidence to be taken by the Secretary, and 
                to be made part of the record.
                    (B) Secretary.--The Secretary--
                            (i) may modify the findings of fact of the 
                        Secretary, or make new findings, by reason of 
                        the new evidence so taken and filed with the 
                        court; and
                            (ii) shall file--
                                    (I) such modified or new findings, 
                                which findings with respect to 
                                questions of fact shall be conclusive 
                                if supported by substantial evidence on 
                                the record considered as a whole; and
                                    (II) the recommendation of the 
                                Secretary, if any, for the modification 
                                or setting aside of the original action 
                                of the Secretary.
            (4) Finality.--Upon the filing of the record with the 
        court, the jurisdiction of the court shall be exclusive and its 
        judgment shall be final, except that such judgment shall be 
        subject to review by the Supreme Court of the United States 
        upon writ of certiorari or certification as provided in section 
        1254 of title 28, United State Code.

SEC. 402. REPLACEMENT OF RECIPIENT.

    (a) Authority.--As a condition of the Secretary making a grant 
under this Act on behalf of an Indian tribe, the tribe shall agree 
that, notwithstanding any other provision of law, the Secretary may, 
only in the circumstances set forth in subsection (b), require that a 
replacement tribally designated housing entity serve as the recipient 
for the tribe, in accordance with subsection (c).
    (b) Conditions of Removal.--The Secretary may require such 
replacement tribally designated housing entity for a tribe only upon a 
determination by the Secretary on the record after opportunity for a 
hearing that the recipient for the tribe has engaged in a pattern or 
practice of activities that constitutes substantial or willful 
noncompliance with the requirements under this Act.
    (c) Choice and Term of Replacement.--If the Secretary requires that 
a replacement tribally designated housing entity serve as the recipient 
for a tribe (or tribes)--
            (1) the replacement entity shall be an entity mutually 
        agreed upon by the Secretary and the tribe (or tribes) for 
        which the recipient was authorized to act, except that if no 
        such entity is agreed upon before the expiration of the 60-day 
        period beginning upon the date that the Secretary makes the 
        determination under subsection (b), the Secretary shall act as 
        the replacement entity until agreement is reached upon a 
        replacement entity; and
            (2) the replacement entity (or the Secretary, as provided 
        in paragraph (1)) shall act as the tribally designated housing 
        entity for the tribe (or tribes) for a period that expires 
        upon--
                    (A) a date certain, which shall be specified by the 
                Secretary upon making the determination under 
                subsection (b); or
                    (B) the occurrence of specific conditions, which 
                conditions shall be specified in written notice 
                provided by the Secretary to the tribe upon making the 
                determination under subsection (b).

SEC. 403. MONITORING OF COMPLIANCE.

    (a) Enforceable Agreements.--Each recipient, through binding 
contractual agreements with owners and otherwise, shall ensure long-
term compliance with the provisions of this Act. Such measures shall 
provide for (1) enforcement of the provisions of this Act by the grant 
beneficiary or by recipients and other intended beneficiaries, and (2) 
remedies for the breach of such provisions.
    (b) Periodic Monitoring.--Not less frequently than annually, each 
recipient shall review the activities conducted and housing assisted 
under this Act to assess compliance with the requirements of this Act. 
Such review shall include onsite inspection of housing to determine 
compliance with applicable requirements. The results of each review 
shall be included in the performance report of the recipient submitted 
to the Secretary under section 404 and made available to the public.
    (c) Performance Measures.--The Secretary shall establish such 
performance measures as may be necessary to assess compliance with the 
requirements of this Act.

SEC. 404. PERFORMANCE REPORTS.

    (a) Requirement.--For each fiscal year, each recipient shall--
            (1) review the progress it has made during such fiscal year 
        in carrying out the Indian housing plan (or plans) for the 
        Indian tribes for which it administers grant amounts; and
            (2) submit a report to the Secretary (in a form acceptable 
        to the Secretary) describing the conclusions of the review.
    (b) Content.--Each report under this section for a fiscal year 
shall--
            (1) describe the use of grant amounts provided to the 
        recipient for such fiscal year;
            (2) assess the relationship of such use to the goals 
        identified in the Indian housing plan of the grant beneficiary;
            (3) indicate the programmatic accomplishments of the 
        recipient; and
            (4) describe the manner in which the recipient would change 
        its programs as a result of its experiences.
    (c) Submission.--The Secretary shall establish dates for submission 
of reports under this section, and review such reports and make such 
recommendations as the Secretary considers appropriate to carry out the 
purposes of this Act.
    (d) Public Availability.--A recipient preparing a report under this 
section shall make the report publicly available to the citizens in the 
jurisdiction of the recipient in sufficient time to permit such 
citizens to comment on such report prior to its submission to the 
Secretary, and in such manner and at such times as the recipient may 
determine. The report shall include a summary of any comments received 
by the grant beneficiary or recipient from citizens in its jurisdiction 
regarding its program.

SEC. 405. REVIEW AND AUDIT BY SECRETARY.

    (a) Annual Review.--The Secretary shall, not less than on an annual 
basis, make such reviews and audits as may be necessary or appropriate 
to determine--
            (1) whether the recipient has carried out its eligible 
        activities in a timely manner, has carried out its eligible 
        activities and certifications in accordance with the 
        requirements and the primary objectives of this Act and with 
        other applicable laws, and has a continuing capacity to carry 
        out those activities in a timely manner;
            (2) whether the recipient has complied with the Indian 
        housing plan of the grant beneficiary; and
            (3) whether the performance reports under section 404 of 
        the recipient are accurate.
Reviews under this section shall include, insofar as practicable, 
onsite visits by employees of the Department of Housing and Urban 
Development.
    (b) Report by Secretary.--The Secretary shall give a recipient not 
less than 30 days to review and comment on a report under this 
subsection. After taking into consideration the comments of the 
recipient, the Secretary may revise the report and shall make the 
comments of the recipient and the report, with any revisions, readily 
available to the public not later than 30 days after receipt of the 
comments of the recipient.
    (c) Effect of Reviews.--The Secretary may make appropriate 
adjustments in the amount of the annual grants under this Act in 
accordance with the findings of the Secretary pursuant to reviews and 
audits under this section. The Secretary may adjust, reduce, or 
withdraw grant amounts, or take other action as appropriate in 
accordance with the reviews and audits of the Secretary under this 
section, except that grant amounts already expended on affordable 
housing activities may not be recaptured or deducted from future 
assistance provided on behalf of an Indian tribe.

SEC. 406. GAO AUDITS.

    To the extent that the financial transactions of Indian tribes and 
recipients of grant amounts under this Act relate to amounts provided 
under this Act, such transactions may be audited by the Comptroller 
General of the United States under such rules and regulations as may be 
prescribed by the Comptroller General. The representatives of the 
General Accounting Office shall have access to all books, accounts, 
records, reports, files, and other papers, things, or property 
belonging to or in use by such tribes and recipients pertaining to such 
financial transactions and necessary to facilitate the audit.

SEC. 407. REPORTS TO CONGRESS.

    (a) In General.--Not later than 90 days after the conclusion of 
each fiscal year in which assistance under this Act is made available, 
the Secretary shall submit to the Congress a report that contains--
            (1) a description of the progress made in accomplishing the 
        objectives of this Act;
            (2) a summary of the use of funds available under this Act 
        during the preceding fiscal year; and
            (3) a description of the aggregate outstanding loan 
        guarantees under title VI.
    (b) Related Reports.--The Secretary may require recipients of grant 
amounts under this Act to submit to the Secretary such reports and 
other information as may be necessary in order for the Secretary to 
make the report required by subsection (a).

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

SEC. 501. REPEAL OF PROVISIONS RELATING TO INDIAN HOUSING ASSISTANCE 
              UNDER UNITED STATES HOUSING ACT OF 1937.

    (a) Repeal of Title II.--Title II of the United States Housing Act 
of 1937 (42 U.S.C 1437aa et seq.) is hereby repealed.
    (b) Amendments to Title I.--Title I of the United States Housing 
Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
            (1) in section 3(b)--
                    (A)in paragraph (5)--
                            (i) in subparagraph (F) by inserting 
                        ``and'' after the semicolon at the end;
                            (ii) by striking subparagraph (G); and
                            (iii) by redesignating subparagraph (H) as 
                        subparagraph (G);
                    (B) in paragraph (6), by striking the last 
                sentence;
                    (C) in paragraph (7)--
                            (i) by inserting ``and'' before ``the 
                        Trust''; and
                            (ii) by striking ``, and Indian tribes''; 
                        and
                    (D) by striking paragraphs (9), (10), (11), and 
                (12);
            (2) in section 5--
                    (A) in subsection (j)(1), by striking ``(other than 
                for Indian families)''; and
                    (B) by striking subsection (l);
            (3) in section 6(b)(1), by striking ``and public housing 
        for Indians and Alaska Natives in accordance with the Indian 
        Housing Act of 1988'';
            (4) in subsection 7, by striking subsection (l);
            (5) in section 9(a)(1)(A), in the second sentence--
                    (A) by inserting ``and'' after the comma at the end 
                of clause (i); and
                    (B) by striking ``, and (iii)'' and all that 
                follows through ``project is occupied'';
            (6) in section 14--
                    (A) in the section heading, by striking ``and 
                indian'';
                    (B) in subsection (e)(1)(E)--
                            (i) in the matter preceding clause (i), by 
                        striking ``(or Indian tribal official, if 
                        appropriate)'';
                            (ii) in clause (i)--
                                    (I) by striking ``(or Indian tribal 
                                officials)''; and
                                    (II) by striking ``(or tenants of 
                                the Indian housing projects)''; and
                            (iii) in clause (ii), by striking ``(or 
                        Indian tribe)'';
            (7) in section 16--
                    (A) in subsection (d)--
                            (i) by striking the paragraph designation 
                        for paragraph (1); and
                            (ii) by striking paragraph (2); and
                    (B) in subsection (e), by striking paragraph (3);
            (8) in section 23(o), by striking paragraph (2);
            (9) in section 24(h)(3), by striking ``, except that it 
        does not include any Indian housing authority'';
            (10) in section 25(m)(4), by striking ``, except that it 
        does not include Indian housing authorities''; and
            (11) in section 26, in subsections (a)(1) and (b), by 
        striking ``(including an Indian housing authority)'' each place 
        it appears.
    (c) Amendments to Title III.--Title III of the United States 
Housing Act of 1937 (42 U.S.C. 1437aaa et seq.) is amended--
            (1) by striking the heading for the title and inserting the 
        following:

         ``TITLE III--HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP'';

            (2) in section 306--
                    (A) in paragraph (1)(A), by striking ``(including 
                an Indian housing authority)''; and
                    (B) in paragraph (2)(A), by striking ``or Indian''; 
                and
            (3) in section 307, by striking ``and title II''.
    (d) Other Related Provisions.--
            (1) Indian housing child development.--Section 519 of the 
        Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 
        1701z-6 note) is hereby repealed.
            (2) Public housing youth sports.--Section 520 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
        11903a) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (5), by inserting ``and'' 
                        after the semicolon at the end;
                            (ii) by striking paragraphs (6) and (7); 
                        and
                            (iii) by redesignating paragraph (8) as 
                        paragraph (6);
                    (B) in subsection (e)(2), by striking ``Indian 
                tribes,'';
                    (C) in subsection (i)--
                            (i) by striking paragraph (1); and
                            (ii) by redesignating paragraphs (2) 
                        through (7) as paragraphs (1) through (6), 
                        respectively; and
                    (D) in subsection (l)(5)(B), by striking ``units of 
                general local government, and Indian housing 
                authorities'' and inserting ``and Indian housing 
                authorities''.
            (3) Allocation of funds.--Section 213(d)(1)(B)(ii) of the 
        Housing and Community Development Act of 1974 (42 U.S.C. 1439) 
        is amended by striking ``and Indian''.

SEC. 502. TERMINATION OF INDIAN HOUSING ASSISTANCE UNDER UNITED STATES 
              HOUSING ACT OF 1937.

    (a) Termination of Assistance.--After September 30, 1997, financial 
assistance may not be provided under the United States Housing Act of 
1937 or pursuant to any commitment entered into under such Act, for 
Indian housing developed or operated pursuant to a contract between the 
Secretary and an Indian housing authority, unless such assistance is 
provided from amounts made available for fiscal year 1997 and pursuant 
to a commitment entered into before September 30, 1997.
    (b) Termination of Restrictions on Use of Indian Housing.--After 
September 30, 1997, any housing developed or operated pursuant to a 
contract between the Secretary and an Indian housing authority pursuant 
to the United States Housing Act of 1937 shall not be subject to any 
provision of such Act or any annual contributions contract or other 
agreement pursuant to such Act, but shall be considered and maintained 
as affordable housing for purposes of this Act.

SEC. 503. TERMINATION OF NEW COMMITMENTS FOR RENTAL ASSISTANCE.

    After September 30, 1997, financial assistance for rental housing 
assistance under the United States Housing Act of 1937 may not be 
provided to any Indian housing authority or tribally designated housing 
entity, unless such assistance is provided pursuant to a contract for 
such assistance entered into by the Secretary and the Indian housing 
authority before such date. Any such assistance provided pursuant to 
such a contract shall be governed by the provisions of the United 
States Housing Act of 1937 (as in effect before the date of the 
effectiveness of this Act) and the provisions of such contract.

SEC. 504. TERMINATION OF YOUTHBUILD PROGRAM ASSISTANCE.

    (a) In General.--Subtitle D of title IV of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12899 et seq.) is amended--
            (1) by redesignating section 460 as section 461; and
            (2) by inserting after section 459 the following new 
        section:

``SEC. 460. INELIGIBILITY OF INDIAN TRIBES.

    ``Indian tribes, Indian housing authorities, and other agencies 
primarily serving Indians or Indian areas shall not be eligible 
applicants for amounts made available for assistance under this 
subtitle for fiscal year 1997 and fiscal years thereafter.''.
    (b) Applicability.--The amendments under subsection (a) shall apply 
with respect to amounts made available for assistance under subtitle D 
of title II of the Cranston-Gonzalez National Affordable Housing Act 
for fiscal year 1998 and fiscal years thereafter.

SEC. 505. TERMINATION OF HOME PROGRAM ASSISTANCE.

    (a) In General.--Title II of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended--
            (1) in section 217(a)--
                    (A) in paragraph (1), by striking ``reserving 
                amounts under paragraph (2) for Indian tribes and 
                after''; and
                    (B) by striking paragraph (2); and
            (2) in section 288--
                    (A) in subsection (a), by striking ``, Indian 
                tribes,'';
                    (B) in subsection (b), by striking ``, Indian 
                tribe,''; and
                    (C) in subsection (c)(4), by striking ``, Indian 
                tribe,''.
    (b) Applicability.--The amendments under subsection (a) shall apply 
with respect to amounts made available for assistance under title II of 
the Cranston-Gonzalez National Affordable Housing Act for fiscal year 
1998 and fiscal years thereafter.

SEC. 506. TERMINATION OF HOUSING ASSISTANCE FOR THE HOMELESS.

    (a) McKinney Act Programs.--Title IV of the Stewart B. McKinney 
Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended--
            (1) in section 411, by striking paragraph (10);
            (2) in section 412, by striking ``, and for Indian 
        tribes,'';
            (3) in section 413--
                    (A) in subsection (a)--
                            (i) by striking ``, and to Indian 
                        tribes,''; and
                            (ii) by striking ``, or for Indian tribes'' 
                        each place it appears;
                    (B) in subsection (c), by striking ``or Indian 
                tribe''; and
                    (C) in subsection (d)(3)--
                            (i) by striking ``, or Indian tribe'' each 
                        place it appears; and
                            (ii) by striking ``, or other Indian 
                        tribes,'';
            (4) in section 414(a)--
                    (A) by striking ``or Indian tribe'' each place it 
                appears; and
                    (B) by striking ``, local government,'' each place 
                it appears and inserting ``or local government'';
            (5) in section 415(c)(4), by striking ``Indian tribes,'';
            (6) in section 416(b), by striking ``Indian tribe,'';
            (7) in section 422--
                    (A) in by striking ``Indian tribe,''; and
                    (B) by striking paragraph (3);
            (8) in section 441--
                    (A) by striking subsection (g);
                    (B) in subsection (h), by striking ``or Indian 
                housing authority''; and
                    (C) in subsection (j)(1), by striking ``, Indian 
                housing authority'';
            (9) in section 462--
                    (A) in paragraph (2), by striking ``, Indian 
                tribe,''; and
                    (B) by striking paragraph (4); and
            (10) in section 491(e), by striking ``, Indian tribes (as 
        such term is defined in section 102(a) of the Housing and 
        Community Development Act of 1974),''.
    (b) Innovative Homeless Demonstration.--Section 2(b) of the HUD 
Demonstration Act of 1993 (42 U.S.C. 11301 note) is amended--
            (1) in paragraph (3), by striking ```unit of general local 
        government', and `Indian tribe''' and inserting ``and `unit of 
        general local government'''; and
            (2) in paragraph (4), by striking ``unit of general local 
        government (including units in rural areas), or Indian tribe'' 
        and inserting ``or unit of general local government''.
    (c) Applicability.--The amendments under subsections (a) and (b) 
shall apply with respect to amounts made available for assistance under 
title IV of the Stewart B. McKinney Homeless Assistance Act and section 
2 of the HUD Demonstration Act of 1993, respectively, for fiscal year 
1998 and fiscal years thereafter.

SEC. 507. SAVINGS PROVISION.

    (a) Existing Rights and Duties.--Except as provided in sections 502 
and 503, this Act may not be construed to affect the validity of any 
right, duty, or obligation of the United States or other person arising 
under or pursuant to any commitment or agreement lawfully entered into 
before October 1, 1997, under the United States Housing Act of 1937, 
subtitle D of title IV of the Cranston-Gonzalez National Affordable 
Housing Act, title II of the Cranston-Gonzalez National Affordable 
Housing Act, title IV of the Stewart B. McKinney Homeless Assistance 
Act, or section 2 of the HUD Demonstration Act of 1993.
    (b) Obligations Under Repealed Provisions.--Notwithstanding the 
amendments made by this title, any obligation of the Secretary made 
under or pursuant to subtitle D of title IV of the Cranston-Gonzalez 
National Affordable Housing Act, title II of the Cranston-Gonzalez 
National Affordable Housing Act, title IV of the Stewart B. McKinney 
Homeless Assistance Act, or section 2 of the HUD Demonstration Act of 
1993 shall continue to be governed by the provisions of such Acts (as 
in effect before the date of the effectiveness of the amendments made 
by this title).

SEC. 508. EFFECTIVE DATE.

    Sections 502, 503, and 507 shall take effect on the date of the 
enactment of this Act.

     TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING 
                               ACTIVITIES

SEC. 601. AUTHORITY AND REQUIREMENTS.

    (a) Authority.--To such extent or in such amounts as provided in 
appropriation Acts, the Secretary may, subject to the limitations of 
this title (including limitations designed to protect and maintain the 
viability of rental housing units owned or operated by the recipient 
that were developed under a contract between the Secretary and an 
Indian housing authority pursuant to the United States Housing Act of 
1937), and upon such terms and conditions as the Secretary may 
prescribe, guarantee and make commitments to guarantee, the notes or 
other obligations issued by Indian tribes or tribally designated 
housing entities with tribal approval, for the purposes of financing 
affordable housing activities described in section 202.
    (b) Lack of Financing Elsewhere.--A guarantee under this title may 
be used to assist an Indian tribe or housing entity in obtaining 
financing only if the Indian tribe or housing entity has made efforts 
to obtain such financing without the use of such guarantee and cannot 
complete such financing consistent with the timely execution of the 
program plans without such guarantee.
    (c) Terms of Loans.--Notes or other obligations guaranteed pursuant 
to this title shall be in such form and denominations, have such 
maturities, and be subject to such conditions as may be prescribed by 
regulations issued by the Secretary. The Secretary may not deny a 
guarantee under this title on the basis of the proposed repayment 
period for the note or other obligation, unless the period is more than 
20 years or the Secretary determines that the period causes the 
guarantee to constitute an unacceptable financial risk.
    (d) Limitation on Outstanding Guarantees.--No guarantee or 
commitment to guarantee shall be made with respect to any note or other 
obligation if the total outstanding notes or obligations of the issuer 
guaranteed under this title (excluding any amount defeased under the 
contract entered into under section 602(a)(1)) would thereby exceed an 
amount equal to 5 times the amount of the grant approval for the issuer 
pursuant to title III.

SEC. 602. SECURITY AND REPAYMENT.

    (a) Requirements on Issuer.--To assure the repayment of notes or 
other obligations and charges incurred under this title and as a 
condition for receiving such guarantees, the Secretary shall require 
the Indian tribe or housing entity issuing such notes or obligations 
to--
            (1) enter into a contract, in a form acceptable to the 
        Secretary, for repayment of notes or other obligations 
        guaranteed under this title;
            (2) pledge any grant for which the issuer may become 
        eligible under this Act;
            (3) demonstrate that the extent of such issuance and 
        guarantee under this title is within the financial capacity of 
        the tribe and is not likely to impair the ability to use grant 
        amounts under title I, taking into consideration the 
        requirements under section 203(b); and
            (4) furnish, at the discretion of the Secretary, such other 
        security as may be deemed appropriate by the Secretary in 
        making such guarantees, including increments in local tax 
        receipts generated by the activities assisted under this Act or 
        disposition proceeds from the sale of land or rehabilitated 
        property.
    (b) Repayment From Grant Amounts.--Notwithstanding any other 
provision of this Act--
            (1) the Secretary may apply grants pledged pursuant to 
        subsection (a)(2) to any repayments due the United States as a 
        result of such guarantees; and
            (2) grants allocated under this Act for an Indian tribe or 
        housing entity (including program income derived therefrom) may 
        be used to pay principal and interest due (including such 
        servicing, underwriting, and other costs as may be specified in 
        regulations issued by the Secretary) on notes or other 
        obligations guaranteed pursuant to this title.
    (c) Full Faith and Credit.--The full faith and credit of the United 
States is pledged to the payment of all guarantees made under this 
title. Any such guarantee made by the Secretary shall be conclusive 
evidence of the eligibility of the obligations for such guarantee with 
respect to principal and interest, and the validity of any such 
guarantee so made shall be incontestable in the hands of a holder of 
the guaranteed obligations.

SEC. 603. PAYMENT OF INTEREST.

    The Secretary may make, and contract to make, grants, in such 
amounts as may be approved in appropriations Acts, to or on behalf of 
an Indian tribe or housing entity issuing notes or other obligations 
guaranteed under this title, to cover not to exceed 30 percent of the 
net interest cost (including such servicing, underwriting, or other 
costs as may be specified in regulations of the Secretary) to the 
borrowing entity or agency of such obligations. The Secretary may also, 
to the extent approved in appropriation Acts, assist the issuer of a 
note or other obligation guaranteed under this title in the payment of 
all or a portion of the principal and interest amount due under the 
note or other obligation, if the Secretary determines that the issuer 
is unable to pay the amount because of circumstances of extreme 
hardship beyond the control of the issuer.

SEC. 604. TRAINING AND INFORMATION.

    The Secretary, in cooperation with eligible public entities, shall 
carry out training and information activities with respect to the 
guarantee program under this title.

SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES.

    (a) Aggregate Fiscal Year Limitation.--Notwithstanding any other 
provision of law and subject only to the absence of qualified 
applicants or proposed activities and to the authority provided in this 
title, to the extent approved or provided in appropriation Acts, the 
Secretary may enter into commitments to guarantee notes and obligations 
under this title with an aggregate principal amount not to exceed 
$400,000,000 for each of fiscal years 1997, 1998, 1999, 2000, and 2001.
    (b) Authorization of Appropriations for Credit Subsidy.--There are 
authorized to be appropriated to cover the costs (as such term is 
defined in section 502 of the Congressional Budget Act of 1974) of 
guarantees under this title such sums as may be necessary for each of 
fiscal years 1997, 1998, 1999, 2000, and 2001.
    (c) Aggregate Outstanding Limitation.--The total amount of 
outstanding obligations guaranteed on a cumulative basis by the 
Secretary pursuant to this title shall not at any time exceed 
$2,000,000,000 or such higher amount as may be authorized to be 
appropriated for this title for any fiscal year.
    (d) Fiscal Year Limitations on Tribes.--The Secretary shall monitor 
the use of guarantees under this title by Indian tribes. If the 
Secretary finds that 50 percent of the aggregate guarantee authority 
under subsection (c) has been committed, the Secretary may--
            (1) impose limitations on the amount of guarantees any one 
        Indian tribe may receive in any fiscal year of $50,000,000; or
            (2) request the enactment of legislation increasing the 
        aggregate outstanding limitation on guarantees under this 
        title.

SEC. 606. EFFECTIVE DATE.

    This title shall take effect on the date of the enactment of this 
Act.

        TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

SEC. 701. LOAN GUARANTEES FOR INDIAN HOUSING.

    (a) Definition of Eligible Borrowers To Include Indian Tribes.--
Section 184 of the Housing and Community Development Act of 1992 (12 
U.S.C. 1515z-13a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and Indian housing authorities'' 
                and inserting ``, Indian housing authorities, and 
                Indian tribes,''; and
                    (B) by striking ``or Indian housing authority'' and 
                inserting ``, Indian housing authority, or Indian 
                tribe''; and
            (2) in subsection (b)(1), by striking ``or Indian housing 
        authorities'' and inserting ``, Indian housing authorities, or 
        Indian tribes''.
    (b) Need for Loan Guarantee.--Section 184(a) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1715z-13a(a)) is amended 
by striking ``trust land'' and inserting ``lands or as a result of a 
lack of access to private financial markets''.
    (c) 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 inserting before the period at the end the following: ``that 
is under the jurisdiction of an Indian tribe for which an Indian 
housing plan has been submitted and approved pursuant to sections 102 
and 103 of the Native American Housing Assistance and Self-
Determination Act of 1996 that provides for the use of loan guarantees 
under this section to provide affordable homeownership housing in such 
areas''.
    (d) Lender Option To Obtain Payment Upon Default Without 
Foreclosure.--Section 184(h) of the Housing and Community Development 
Act of 1992 (12 U.S.C. 1715z-13a(h)) is amended--
            (1) in paragraph (1)(A)--
                    (A) in the first sentence of clause (i), by 
                striking ``in a court of competent jurisdiction''; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) No foreclosure.--Without seeking 
                        foreclosure (or in any case in which a 
                        foreclosure proceeding initiated under clause 
                        (i) continues for a period in excess of 1 
                        year), the holder of the guarantee may submit 
                        to the Secretary a request to assign the 
                        obligation and security interest to the 
                        Secretary in return for payment of the claim 
                        under the guarantee. The Secretary may accept 
                        assignment of the loan if the Secretary 
                        determines that the assignment is in the best 
                        interests of the United States. Upon 
                        assignment, the Secretary shall pay to the 
                        holder of the guarantee the pro rata portion of 
                        the amount guaranteed (as determined under 
                        subsection (e)). The Secretary shall be 
                        subrogated to the rights of the holder of the 
                        guarantee and the holder shall assign the 
                        obligation and security to the Secretary.'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).
    (e) Limitation of Mortgagee Authority.--Section 184(h)(2) of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(h)(2)), as so redesignated by subsection (e)(3) of this section, is 
amended--
            (1) in the first sentence, by striking ``tribal allotted or 
        trust land,'' and inserting ``restricted Indian land, the 
        mortgagee or''; and
            (2) in the second sentence, by striking ``Secretary'' each 
        place it appears, and inserting ``mortgagee or the Secretary''.
    (f) Limitation on Outstanding Aggregate Principal Amount.--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 ``1993'' and all that 
follows through ``such year'' and inserting ``1997, 1998, 1999, 2000, 
and 2001 with an aggregate outstanding principal amount note exceeding 
$400,000,000 for each such fiscal year''.
    (g) Authorization of Appropriations for Guarantee Fund.--Section 
184(i)(7) of the Housing and Community Development Act of 1992 (12 
U.S.C. 1715z-13a(i)(7)) is amended by striking ``such sums'' and all 
that follows through ``1994'' and inserting ``such sums as may be 
necessary for each of fiscal years 1997, 1998, 1999, 2000, and 2001''.
    (h) Definitions.--Section 184(k) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z-13a(k)) is amended--
            (1) in paragraph (4), by inserting after ``authority'' the 
        following: ``or Indian tribe'';
            (2) in paragraph (5)--
                    (A) by striking subparagraph (A) and inserting the 
                following new subparagraph:
                    ``(A) is authorized to engage in or assist in the 
                development or operation of--
                            ``(i) low-income housing for Indians; or
                            ``(ii) housing subject to the provisions of 
                        this section; and''; and
                    (B) by adding at the end the following:
        ``The term includes tribally designated housing entities under 
        the Native American Housing Assistance and Self-Determination 
        Act of 1996.''; and
            (3) by striking paragraph (8) and inserting the following 
        new paragraph:
            ``(8) Tribe; indian tribe.--The term `tribe' or `Indian 
        tribe' means any Indian tribe, band, nation, or other organized 
        group or community of Indians, including any Alaska Native 
        village or regional or village corporation as defined in or 
        established pursuant to the Alaska Native Claims Settlement 
        Act, that is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians pursuant to the Indian Self-
        Determination and Education Assistance Act of 1975.''.
    (i) Principal Obligation Amounts.--Section 184(b)(5)(C) of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(b)(5)(C)) is amended by striking clause (i) and inserting the 
following new clause:
                            ``(i) 97.75 percent of the appraised value 
                        of the property as of the date the loan is 
                        accepted for guarantee (or 98.75 percent if the 
                        value of the property is $50,000 or less); 
                        and''.
    (j) Availability of Amounts.--
            (1) Requirement of appropriations.--Section 184(i)(5) of 
        the Housing and Community Development Act of 1992 (12 U.S.C. 
        1715z-13a(i)(5)) is amended by striking subparagraph (A) and 
        inserting the following:
                    ``(A) Requirement of appropriations.--The authority 
                of the Secretary to enter into commitments to guarantee 
                loans under this section shall be effective for any 
                fiscal year to the extent or in such amounts as are or 
                have been provided in appropriations Acts, without 
                regard to the fiscal year for which such amounts were 
                appropriated.''.
            (2) Costs.--Section 184(i)(5)(B) of the Housing and 
        Community Development Act of 1992 (12 U.S.C. 1715z-
        13a(i)(5)(B)) is amended by adding at the end the following new 
        sentence: ``Any amounts appropriated pursuant to this 
        subparagraph shall remain available until expended.''.
    (k) GNMA Authority.--The first sentence of section 306(g)(1) of the 
Federal National Mortgage Association Charter Act (12 U.S.C. 
1721(g)(1)) is amended by inserting before the period at the end the 
following: ``; or guaranteed under section 184 of the Housing and 
Community Development Act of 1992''.

SEC. 702. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR 
              HOUSING PURPOSES.

    (a) Authority To Lease.--Notwithstanding any other provision of 
law, any trust or restricted Indian lands, whether tribally or 
individually owned, may be leased by the Indian owners, subject to the 
approval of the affected Indian tribe and the Secretary of the 
Interior, for housing development and residential purposes.
    (b) Term.--Each lease pursuant to subsection (a) shall be for a 
term not exceeding 50 years.
    (c) Rule of Construction.--This section may not be construed to 
repeal, limit, or affect any authority to lease any trust or restricted 
Indian lands that--
            (1) is conferred by or pursuant to any other provision of 
        law; or
            (2) provides for leases for any period exceeding 50 years.
    (d) Self-Implementation.--This section is intended to be self-
implementing and shall not require the issuance of any rule, 
regulation, or order to take effect as provided in section 705.

SEC. 703. TRAINING AND TECHNICAL ASSISTANCE.

    There are authorized to be appropriated for assistance for a 
national organization representing Native American housing interests 
for providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities such sums as may 
be necessary for each of fiscal years 1997, 1998, 1999, 2000, and 2001.

SEC. 704. 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--
                    (A) by striking ``(including Indian Housing 
                Authorities)''; and
                    (B) by inserting ``tribally designated housing 
                entities,'' before ``and private''; and
            (2) in section 5124(a)(7)--
                    (A) by inserting ``or tribally designated housing 
                entity'' after ``public housing agency''; and
                    (B) by striking ``public housing'' after nonprofit;
            (3) in section 5125, by inserting ``a tribally designated 
        housing entity,'' after ``resident management corporation,''; 
        and
            (4) in section 5126--
                    (A) in paragraph (4)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(D) the Native American Housing Assistance and 
                Self-Determination Act.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Tribally designated housing entity.--The term 
        `tribally designated housing entity' has the meaning given such 
        term in section 4 of the Native American Housing Assistance and 
        Self-Determination Act of 1996.''.

SEC. 705. EFFECTIVE DATE.

    This title and the amendments made by this title (but not including 
the amendments made by section 704) shall take effect on the date of 
the enactment of this Act.

            Passed the House of Representatives September 28, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```