II

107TH CONGRESS

2D SESSION S. 1210

[Report No. 107–246]

To reauthorize the Native American Housing Assistance and SelfDetermination Act of 1996.

IN THE SENATE OF THE UNITED STATES

JULY 20, 2001

Mr. CAMPBELL (for himself, Mr. INOUYE, Mr. DASCHLE, Mr. JOHNSON, Mr.

BURNS, Mr. DOMENICI, Mr. INHOFE, Mr. FEINGOLD, Mr. MCCAIN, Mr.

AKAKA, Mr. BAUCUS, Mr. BINGAMAN, and Ms. CANTWELL) introduced

the following bill; which was read twice and referred to the Committee

on Indian Affairs

AUGUST 28, 2002

Reported under authority of the order of the Senate of July 29, 2002, by Mr.

INOUYE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AUGUST 28, 2002

Referred to the Committee on Banking, Housing, and Urban Affairs pursuant

to the order of May 27, 1988, for a period not to exceed 60 days

A BILL

To reauthorize the Native American Housing Assistance and

Self-Determination Act of 1996.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Native American

3 Housing Assistance and Self-Determination Reauthoriza4 tion Act of 2001’’.

5 SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN

6 HOUSING ASSISTANCE AND SELF-DETER7 MINATION ACT OF 1996.

8 (a) BLOCK GRANTS.—Section 108 of the Native

9 American Housing Assistance and Self-Determination Act

10 of 1996 (25 U.S.C. 4117) is amended by striking ‘‘, 1999,

11 2000, and 2001’’ and inserting ‘‘through 2006’’.

12 (b) FEDERAL GUARANTEES.—Subsections (a) and

13 (b) of section 605 of the Native American Housing Assist14 ance and Self-Determination Act of 1996 (25 U.S.C.

15 4195) are each amended by striking ‘‘, 1998, 1999, 2000,

16 and 2001’’ and inserting ‘‘through 2006’’.

17 (c) TRAINING AND TECHNICAL ASSISTANCE.—Sec18 tion 703 of the Native American Housing Assistance and

19 Self-Determination Act of 1996 (25 U.S.C. 4212) is

20 amended by striking ‘‘, 1998, 1999, 2000, and 2001’’ and

21 inserting ‘‘through 2006’’.

22 SECTION 1. SHORT TITLE.

23 This Act may be cited as the ‘‘Native American Hous24 ing Assistance and Self-Determination Reauthorization Act

25 of 2002’’.
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1 SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN

2 HOUSING ASSISTANCE AND SELF-DETER3 MINATION ACT OF 1996.

4 (a) BLOCK GRANTS.—Section 108 of the Native Amer5 ican Housing Assistance and Self-Determination Act of

6 1996 (25 U.S.C. 4117) is amended by striking ‘‘1998, 1999,

7 2000, and 2001’’ and inserting ‘‘1998 through 2007’’.

8 (b) FEDERAL GUARANTEES.—Section 605 of the Na9 tive American Housing Assistance and Self-Determination

10 Act of 1996 (25 U.S.C. 4195) is amended—

11 (1) in subsection (a), by striking ‘‘1997, 1998,

12 1999, 2000, and 2001’’ and inserting ‘‘1997 through

13 2007’’; and

14 (2) in subsection (b), by striking ‘‘1997, 1998,

15 1999, 2000, and 2001’’ and inserting ‘‘1997 through

16 2007’’.

17 (c) TRAINING AND TECHNICAL ASSISTANCE.—Section

18 703 of the Native American Housing Assistance and Self19 Determination Act of 1996 (25 U.S.C. 4212) is amended

20 by striking ‘‘1997, 1998, 1999, 2000, and 2001’’ and insert21 ing ‘‘1997 through 2007’’.

22 (d) INDIAN HOUSING LOAN GUARANTEE FUND.—Sec23 tion 184(i) of the Housing and Community Development

24 Act of 1992 (12 U.S.C. 1715z–13a(i)) is amended—
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1 (1) in paragraph (5)(C), by striking ‘‘each fiscal

2 year’’ and inserting ‘‘each of fiscal years 1997

3 through 2007’’; and

4 (2) in paragraph (7), by striking ‘‘each fiscal

5 year’’ and inserting ‘‘each of fiscal years 1997

6 through 2007’’.

7 SEC. 3. DEFINITIONS.

8 Section 4 of the Native American Housing Assistance

9 and Self-Determination Act of 1996 (25 U.S.C 4103) is

10 amended by adding at the end the following:

11 ‘‘(22) HOUSING RELATED COMMUNITY DEVELOP12 MENT.—

13 ‘‘(A) IN GENERAL.—The term ‘housing re14 lated community development’ means any trib15 ally-owned and operated facility, business, activ16 ity, or infrastructure that—

17 ‘‘(i) is necessary to the direct construc18 tion of reservation housing; and

19 ‘‘(ii) would help an Indian tribe or its

20 tribally-designated housing authority reduce

21 the cost of construction of Indian housing or

22 otherwise promote the findings of this Act.

23 ‘‘(B) EXCLUSION.—The term ‘housing and

24 community development’ does not include any

25 activity conducted by any Indian tribe under the
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1 Indian Gaming Regulatory Act (25 U.S.C. 2710

2 et seq.).’’.

3 SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS.

4 Section 101(h) of the Native American Housing Assist5 ance and Self-Determination Act of 1996 (25 U.S.C.

6 4111(h)) is amended—

7 (1) in the heading, by inserting ‘‘AND PLAN8 NING’’ after ‘‘ADMINISTRATIVE’’; and

9 (2) by inserting after the word ‘‘Act’’ the first

10 place that term appears, the following: ‘‘for com11 prehensive housing and community development plan12 ning activities and’’.

13 SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR

14 STANDARDS.

15 Section 104 of the Native American Housing Assist16 ance and Self-Determination Act of 1996 (25 U.S.C. 4114)

17 is amended—

18 (1) in subsection (a)(1)—

19 (A) by striking ‘‘A recipient’’ and inserting

20 the following: ‘‘Notwithstanding any other provi21 sion of this Act, a recipient’’; and

22 (B) by striking subparagraph (B) and in23 serting the following:
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1 ‘‘(B) the recipient has agreed that it will

2 utilize such income for housing related activities

3 in accordance with this Act.’’; and

4 (2) in subsection (a)(2)—

5 (A) in the heading, by inserting ‘‘RE6 STRICTED ACCESS OR’’ before the word ‘‘REDUC7 TION’’;

8 (B) in subparagraph (B), by striking ‘‘or’’

9 at the end;

10 (C) in subparagraph (C), by striking the

11 period at the end and inserting ‘‘; or’’; and

12 (D) by adding at the end the following:

13 ‘‘(D) whether the recipient has expended re14 tained program income for housing-related ac15 tivities.’’.

16 SEC. 6. REGULATIONS.

17 Section 106(b)(2)(A) of the Native American Housing

18 Assistance and Self-Determination Act of 1996 (25 U.S.C.

19 4116(b)(2)(A)) is amended by inserting after ‘‘required

20 under this Act’’ the following: ‘‘, including any regulations

21 that may be required pursuant to amendments made to this

22 Act after the date of enactment of this Act,’’.
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1 SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIB2 AL HOUSING ACTIVITIES.

3 Section 601 of the Native American Housing Assist4 ance and Self-Determination Act of 1996 (25 U.S.C. 4191)

5 is amended—

6 (1) in subsection (a), by inserting after ‘‘section

7 202’’ the following: ‘‘and housing related community

8 development activity as consistent with the purposes

9 of this Act’’;

10 (2) by striking subsection (b); and

11 (3) by redesignating subsections (c) and (d) as

12 subsections (b) and (c), respectively.

13 SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY

14 OF HOUSING ASSISTANCE IN NATIVE COMMU15 NITIES.

16 Section 202 of the Native American Housing Assist17 ance and Self-Determination Act of 1996 (25 U.S.C. 4132)

18 is amended by adding at the end the following:

19 ‘‘(7) COMMUNITY DEVELOPMENT DEMONSTRA20 TION PROJECT.—

21 ‘‘(A) IN GENERAL.—Consistent with prin22 ciples of Indian self-determination and the find23 ings of this Act, the Secretary shall conduct and

24 submit to Congress a study of the feasibility of

25 establishing a demonstration project in which

26 Indian tribes, tribal organizations, or tribal con-
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1 sortia are authorized to expend amounts received

2 pursuant to the Native American Housing As3 sistance and Self-Determination Reauthorization

4 Act of 2002 in order to design, implement, and

5 operate community development demonstration

6 projects.

7 ‘‘(B) STUDY.—Not later than 1 year after

8 the date of enactment of the Native American

9 Housing Assistance and Self-Determination Re10 authorization Act of 2002, the Secretary shall

11 submit the study conducted under subparagraph

12 (A) to the Committee on Banking, Housing, and

13 Urban Affairs and the Committee on Indian Af14 fairs of the Senate, and the Committee on Fi15 nancial Services and the Committee on Re16 sources of the House of Representatives.

17 ‘‘(8) SELF-DETERMINATION ACT DEMONSTRATION

18 PROJECT.—

19 ‘‘(A) IN GENERAL.—Consistent with the

20 provisions of the Indian Self-Determination and

21 Education Assistance Act (25 U.S.C. 450 et

22 seq.), the Secretary shall conduct and submit to

23 Congress a study of the feasibility of establishing

24 a demonstration project in which Indian tribes

25 and tribal organizations are authorized to re-
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1 ceive assistance in a manner that maximizes

2 tribal authority and decision-making in the de3 sign and implementation of Federal housing and

4 related activity funding.

5 ‘‘(B) STUDY.—Not later than 1 year after

6 the date of enactment of the Native American

7 Housing Assistance and Self-Determination Re8 authorization Act of 2002, the Secretary shall

9 submit the study conducted under subparagraph

10 (A) to the Committee on Banking, Housing, and

11 Urban Affairs and the Committee on Indian Af12 fairs of the Senate, and the Committee on Fi13 nancial Services and the Committee on Re14 sources of the House of Representatives.’’.

15 SEC. 9. INSURANCE AND HOUSING CONTINGENCIES.

16 (a) DEVELOPMENT PROTOCOLS AND CONSTRUCTION

17 PRACTICES.—The Secretary of Housing and Urban Devel18 opment, in cooperation with Indian tribes, the National

19 American Indian Housing Council, AMERIND, other trib20 al organizations as appropriate, and experts from the hous21 ing and construction sectors, shall develop appropriate pro22 tocols and construction practices to eliminate, to the max23 imum extent feasible, the conditions that give rise to black

24 mold and other cumulative maladies that render housing

25 assisted under this Act, dangerous or uninhabitable.
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1 (b) IMPLEMENTATION OF PROTOCOLS AND CONSTRUC2 TION PRACTICES.—Not later than 180 days after the date

3 of enactment of this Act, the Secretary of Housing and

4 Urban Affairs, acting through the Office of Healthy Homes

5 and the Office of Native American Programs, shall imple6 ment the protocols and construction practices developed

7 under subsection (a) in all construction, renovation, and

8 repair of housing assisted with funds provided under this

9 Act.

10 (c) REPORT TO CONGRESS.—Not later than 1 year

11 after the date of enactment of this Act, the Secretary of

12 Housing and Urban Affairs shall complete and submit to

13 Congress a report that details—

14 (1) the effectiveness of the implementation of the

15 protocols and construction practices; and

16 (2) whether statutory, regulatory, or administra17 tive changes need to be made to improve the effective18 ness of the efforts of the Department of Housing and

19 Urban Affairs to eliminate the conditions that give

20 rise to black mold and other cumulative maladies.

21 (d) BLACK MOLD INFESTATION.—Not later than 180

22 days after the date of enactment of this Act, the Secretary

23 of Housing and Urban Development shall—
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1 (1) complete a study on the extent of black mold

2 infestation of Native American housing in the United

3 States; and

4 (2) submit to Congress a report that describes

5 recommendations of the Secretary for means by which

6 to address the infestation.

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated such sums as are necessary

9 to carry out this section.

10 SEC. 10. NATIVE HAWAIIAN HOUSING.

11 Title VIII of the Native American Housing Assistance

12 and Self-Determination Act of 1996 is amended—

13 (1) in section 801 (25 U.S.C. 4221), by adding

14 at the end the following:

15 ‘‘(10) OFFICE OF HAWAIIAN AFFAIRS.—The term

16 ‘Office of Hawaiian Affairs’ means the entity of that

17 name established under the Constitution of the State

18 of Hawaii.’’; and

19 (2) by adding at the end the following:

20 ‘‘SEC. 825. OFFICE OF HAWAIIAN AFFAIRS.

21 ‘‘(a) IN GENERAL.—The Secretary is authorized to

22 enter into negotiated rulemaking with representatives of the

23 Office of Hawaiian Affairs to—

24 ‘‘(1) determine the conditions under which the

25 Secretary may make block grants under subsection (b)
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1 and section 802 for affordable housing activities to the

2 Office of Hawaiian Affairs in the Office’s capacity as

3 a housing entity;

4 ‘‘(2) establish a process for the submission of a

5 housing plan to the Secretary to serve the needs of

6 low-income families to be served by the Office of Ha7 waiian Affairs, and the requirements associated with

8 such plan under subsection (c) and section 803;

9 ‘‘(3) determine the lands upon which housing

10 will be constructed to serve the needs of low-income

11 families;

12 ‘‘(4) establish a process for the review of a hous13 ing plan under section 804;

14 ‘‘(5) address the treatment of program income

15 and labor standards consistent with the provisions of

16 section 805;

17 ‘‘(6) provide a process for environmental review

18 consistent with section 806;

19 ‘‘(7) develop regulations under section 807;

20 ‘‘(8) address the means by which the Office of

21 Hawaiian Affairs will carry out affordable housing

22 activities under section 809;

23 ‘‘(9) establish criteria associated with eligible af24 fordable housing activities consistent with section 810;
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1 ‘‘(10) establish requirements for affordable hous2 ing activities consistent with section 811;

3 ‘‘(11) address the types of investments subject to

4 section 811 and an applicable housing plan approved

5 under section 803, consistent with section 812;

6 ‘‘(12) establish requirements for low-income and

7 income targeting consistent with section 813;

8 ‘‘(13) establish requirements for leases and ten9 ant selection consistent with section 814;

10 ‘‘(14) provide for the conditions of repayment,

11 an annual allocation, and an allocation formula con12 sistent with sections 815, 816, and 817;

13 ‘‘(15) provide for the monitoring of compliance

14 and the submittal of performance reports consistent

15 with sections 819 and 820;

16 ‘‘(16) establish the terms and conditions for an

17 annual review and audit conducted by the Secretary

18 consistent with section 821; and

19 ‘‘(17) provide for audits to be conducted by the

20 General Accounting Office consistent with section 822.

21 ‘‘(b) GRANT AUTHORITY.—For each fiscal year, the

22 Secretary shall, to the extent that amounts are made avail23 able to carry out this section, make a grant under this title

24 to the Office of Hawaiian Affairs to carry out affordable

25 housing activities for Native Hawaiian families.
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1 ‘‘(c) HOUSING PLAN.—The Secretary shall require the

2 Office of Hawaiian Affairs to submit a housing plan under

3 this section for each fiscal year and provide for the review

4 of each plan submitted under this section.’’.

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