I

106TH CONGRESS

2D SESSION S. 400

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 29, 2000

Referred to the Committee on Banking and Financial Services

AN ACT

To provide technical corrections to the Native American

Housing Assistance and Self-Determination Act of 1996,

to improve the delivery of housing assistance to Indian

tribes in a manner that recognizes the right of tribal

self-governance, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Native American Housing Assistance and Self-Deter6 mination Act Amendments of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Restriction on waiver authority.

Sec. 3. Assistance to families that are not low-income.

Sec. 4. Elimination of waiver authority for small tribes.

Sec. 5. Labor standards.

Sec. 6. Environmental compliance.

Sec. 7. Oversight.

Sec. 8. Allocation formula.

Sec. 9. Hearing requirement.

Sec. 10. Performance agreement time limit.

Sec. 11. Technical and conforming amendments.

3 SEC 2. RESTRICTION ON WAIVER AUTHORITY.

4 (a) IN GENERAL.—Section 101(b)(2) of the Native

5 American Housing Assistance and Self-Determination Act

6 of 1996 (25 U.S.C. 4111(b)(2)) is amended by striking

7 ‘‘if the Secretary’’ and all that follows through the period

8 at the end and inserting the following: ‘‘for a period of

9 not more than 90 days, if the Secretary determines that

10 an Indian tribe has not complied with, or is unable to com11 ply with, those requirements due to exigent circumstances

12 beyond the control of the Indian tribe.’’.

13 (b) LOCAL COOPERATION AGREEMENT.—Section

14 101(c) of the Native American Housing Assistance and

15 Self-Determination Act of 1996 (25 U.S.C. 4111(c)) is

16 amended by adding at the end the following: ‘‘The Sec17 retary may waive the requirements of this subsection and

18 subsection (d) if the recipient has made a good faith effort

19 to fulfill the requirements of this subsection and sub20 section (d) and agrees to make payments in lieu of taxes
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1 to the appropriate taxing authority in an amount con2 sistent with the requirements of subsection (d)(2) until

3 such time as the matter of making such payments has

4 been resolved in accordance with subsection (d).’’.

5 SEC. 3. ASSISTANCE TO FAMILIES THAT ARE NOT LOW-IN6 COME.

7 Section 102(c) of the Native American Housing As8 sistance and Self-Determination Act of 1996 (25 U.S.C.

9 4112(c)) is amended by adding at the end the following:

10 ‘‘(6) CERTAIN FAMILIES.—With respect to as11 sistance provided by a recipient to Indian families

12 that are not low-income families under section

13 201(b)(2), evidence that there is a need for housing

14 for each such family during that period that cannot

15 reasonably be met without such assistance.’’.

16 SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL

17 TRIBES.

18 Section 102 of the Native American Housing Assist19 ance and Self-Determination Act of 1996 (25 U.S.C.

20 4112) is amended—

21 (1) by striking subsection (f); and

22 (2) by redesignating subsection (g) as sub23 section (f).
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1 SEC. 5. LABOR STANDARDS.

2 Section 104(b) of the Native American Housing As3 sistance and Self-Determination Act of 1996 (25 U.S.C.

4 4114(b)) is amended—

5 (1) by striking ‘‘Davis-Bacon Act (40 U.S.C.

6 276a–276a–5)’’ and inserting ‘‘Act of March 3,

7 1931 (commonly known as the ‘Davis-Bacon Act’)

8 (46 Stat. 1494, chapter 411; 40 U.S.C. 276a et

9 seq.)’’; and

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

11 ‘‘(3) APPLICATION OF TRIBAL LAWS.—Para12 graph (1) shall not apply to any contract or agree13 ment for assistance, sale, or lease pursuant to this

14 Act, if such contract or agreement is otherwise cov15 ered by 1 or more laws or regulations adopted by an

16 Indian tribe that requires the payment of not less

17 than prevailing wages, as determined by the Indian

18 tribe.’’.

19 SEC. 6. ENVIRONMENTAL COMPLIANCE.

20 Section 105 of the Native American Housing Assist21 ance and Self-Determination Act of 1996 (25 U.S.C.

22 4115) is amended by adding at the end the following:

23 ‘‘(d) ENVIRONMENTAL COMPLIANCE.—The Secretary

24 may waive the requirements under this section if the Sec25 retary determines that a failure on the part of a recipient

26 to comply with provisions of this section—
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1 ‘‘(1) will not frustrate the goals of the National

2 Environmental Policy Act of 1969 (42 U.S.C. 4331

3 et seq.) or any other provision of law that furthers

4 the goals of that Act;

5 ‘‘(2) does not threaten the health or safety of

6 the community involved by posing an immediate or

7 long-term hazard to residents of that community;

8 ‘‘(3) is a result of inadvertent error, including

9 an incorrect or incomplete certification provided

10 under subsection (c)(1); and

11 ‘‘(4) may be corrected through the sole action

12 of the recipient.’’.

13 SEC. 7. OVERSIGHT.

14 (a) REPAYMENT.—Section 209 of the Native Amer15 ican Housing Assistance and Self-Determination Act of

16 1996 (25 U.S.C. 4139) is amended to read as follows:

17 ‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING

18 REQUIREMENT.

19 ‘‘If a recipient uses grant amounts to provide afford20 able housing under this title, and at any time during the

21 useful life of the housing the recipient does not comply

22 with the requirement under section 205(a)(2), the Sec23 retary shall take appropriate action under section

24 401(a).’’.
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1 (b) AUDITS AND REVIEWS.—Section 405 of the Na2 tive American Housing Assistance and Self-Determination

3 Act of 1996 (25 U.S.C. 4165) is amended to read as fol4 lows:

5 ‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY.

6 ‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF TITLE

7 31, UNITED STATES CODE.—An entity designated by an

8 Indian tribe as a housing entity shall be treated, for pur9 poses of chapter 75 of title 31, United States Code, as

10 a non-Federal entity that is subject to the audit require11 ments that apply to non-Federal entities under that chap12 ter.

13 ‘‘(b) ADDITIONAL REVIEWS AND AUDITS.—

14 ‘‘(1) IN GENERAL.—In addition to any audit or

15 review under subsection (a), to the extent the Sec16 retary determines such action to be appropriate, the

17 Secretary may conduct an audit or review of a re18 cipient in order to—

19 ‘‘(A) determine whether the recipient—

20 ‘‘(i) has carried out—

21 ‘‘(I) eligible activities in a timely

22 manner; and

23 ‘‘(II) eligible activities and cer24 tification in accordance with this Act

25 and other applicable law;
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1 ‘‘(ii) has a continuing capacity to

2 carry out eligible activities in a timely

3 manner; and

4 ‘‘(iii) is in compliance with the Indian

5 housing plan of the recipient; and

6 ‘‘(B) verify the accuracy of information

7 contained in any performance report submitted

8 by the recipient under section 404.

9 ‘‘(2) ONSITE VISITS.—To the extent prac10 ticable, the reviews and audits conducted under this

11 subsection shall include onsite visits by the appro12 priate official of the Department of Housing and

13 Urban Development.

14 ‘‘(c) REVIEW OF REPORTS.—

15 ‘‘(1) IN GENERAL.—The Secretary shall provide

16 each recipient that is the subject of a report made

17 by the Secretary under this section notice that the

18 recipient may review and comment on the report

19 during a period of not less than 30 days after the

20 date on which notice is issued under this paragraph.

21 ‘‘(2) PUBLIC AVAILABILITY.—After taking into

22 consideration any comments of the recipient under

23 paragraph (1), the Secretary—

24 ‘‘(A) may revise the report; and
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1 ‘‘(B) not later than 30 days after the date

2 on which those comments are received, shall

3 make the comments and the report (with any

4 revisions made under subparagraph (A)) readily

5 available to the public.

6 ‘‘(d) EFFECT OF REVIEWS.—Subject to section

7 401(a), after reviewing the reports and audits relating to

8 a recipient that are submitted to the Secretary under this

9 section, the Secretary may adjust the amount of a grant

10 made to a recipient under this Act in accordance with the

11 findings of the Secretary with respect to those reports and

12 audits.’’.

13 SEC. 8. ALLOCATION FORMULA.

14 Section 302(d)(1) of the Native American Housing

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

16 4152(d)(1)) is amended—

17 (1) by striking ‘‘The formula,’’ and inserting

18 the following:

19 ‘‘(A) IN GENERAL.—Except with respect to

20 an Indian tribe described in subparagraph (B),

21 the formula’’; and

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

23 ‘‘(B) CERTAIN INDIAN TRIBES.—With re24 spect to fiscal year 2000 and each fiscal year

25 thereafter, for any Indian tribe with an Indian
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1 housing authority that owns or operates fewer

2 than 250 public housing units, the formula

3 under subparagraph (A) shall provide that if

4 the amount provided for a fiscal year in which

5 the total amount made available for assistance

6 under this Act is equal to or greater than the

7 amount made available for fiscal year 1996 for

8 assistance for the operation and modernization

9 of the public housing referred to in subpara10 graph (A), then the amount provided to that

11 Indian tribe as modernization assistance shall

12 be equal to the average annual amount of funds

13 provided to the Indian tribe (other than funds

14 provided as emergency assistance) under the as15 sistance program under section 14 of the

16 United States Housing Act of 1937 (42 U.S.C.

17 1437l) for the period beginning with fiscal year

18 1992 and ending with fiscal year 1997.’’.

19 SEC. 9. HEARING REQUIREMENT.

20 Section 401(a) of the Native American Housing As21 sistance and Self-Determination Act of 1996 (25 U.S.C.

22 4161(a)) is amended—

23 (1) by redesignating paragraphs (1) through

24 (4) as subparagraphs (A) through (D), respectively,
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1 and indenting each such subparagraph 2 ems to the

2 right;

3 (2) by striking ‘‘Except as provided’’ and in4 serting the following:

5 ‘‘(1) IN GENERAL.—Except as provided’’;

6 (3) by striking ‘‘If the Secretary takes an ac7 tion under paragraph (1), (2), or (3)’’ and inserting

8 the following:

9 ‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec10 retary takes an action under subparagraph (A), (B),

11 or (C) of paragraph (1)’’; and

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

13 ‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.—

14 ‘‘(A) IN GENERAL.—Notwithstanding any

15 other provision of this subsection, if the Sec16 retary makes a determination that the failure of

17 a recipient of assistance under this Act to com18 ply substantially with any material provision (as

19 that term is defined by the Secretary) of this

20 Act is resulting, and would continue to result,

21 in a continuing expenditure of Federal funds in

22 a manner that is not authorized by law, the

23 Secretary may take an action described in para24 graph (1)(C) before conducting a hearing.
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1 ‘‘(B) PROCEDURAL REQUIREMENT.—If the

2 Secretary takes an action described in subpara3 graph (A), the Secretary shall—

4 ‘‘(i) provide notice to the recipient at

5 the time that the Secretary takes that ac6 tion; and

7 ‘‘(ii) conduct a hearing not later than

8 60 days after the date on which the Sec9 retary provides notice under clause (i).

10 ‘‘(C) DETERMINATION.—Upon completion

11 of a hearing under this paragraph, the Sec12 retary shall make a determination regarding

13 whether to continue taking the action that is

14 the subject of the hearing, or take another ac15 tion under this subsection.’’.

16 SEC. 10. PERFORMANCE AGREEMENT TIME LIMIT.

17 Section 401(b) of the Native American Housing As18 sistance and Self-Determination Act of 1996 (25 U.S.C.

19 4161(b)) is amended—

20 (1) by striking ‘‘If the Secretary’’ and inserting

21 the following:

22 ‘‘(1) IN GENERAL.—If the Secretary’’;

23 (2) by striking ‘‘(1) is not’’ and inserting the

24 following:

25 ‘‘(A) is not’’;
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1 (3) by striking ‘‘(2) is a result’’ and inserting

2 the following:

3 ‘‘(B) is a result’’;

4 (4) in the flush material following paragraph

5 (1)(B), as redesignated by paragraph (3) of this

6 section—

7 (A) by adjusting the margin 2 ems to the

8 right; and

9 (B) by inserting before the period at the

10 end the following: ‘‘, if the recipient enters into

11 a performance agreement with the Secretary

12 that specifies the compliance objectives that the

13 recipient will be required to achieve by the ter14 mination date of the performance agreement’’;

15 and

16 (5) by adding at the end the following:

17 ‘‘(2) PERFORMANCE AGREEMENT.—The period

18 of a performance agreement described in paragraph

19 (1) shall be for 1 year.

20 ‘‘(3) REVIEW.—Upon the termination of a per21 formance agreement entered into under paragraph

22 (1), the Secretary shall review the performance of

23 the recipient that is a party to the agreement.
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1 ‘‘(4) EFFECT OF REVIEW.—If, on the basis of

2 a review under paragraph (3), the Secretary deter3 mines that the recipient—

4 ‘‘(A) has made a good faith effort to meet

5 the compliance objectives specified in the agree6 ment, the Secretary may enter into an addi7 tional performance agreement for the period

8 specified in paragraph (2); and

9 ‘‘(B) has failed to make a good faith effort

10 to meet applicable compliance objectives, the

11 Secretary shall determine the recipient to have

12 failed to comply substantially with this Act, and

13 the recipient shall be subject to an action under

14 subsection (a).’’.

15 SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.

16 (a) TABLE OF CONTENTS.—Section 1(b) of the Na17 tive American Housing Assistance and Self-Determination

18 Act of 1996 (25 U.S.C. 4101 note) is amended in the table

19 of contents—

20 (1) by striking the item relating to section 206;

21 and

22 (2) by striking the item relating to section 209

23 and inserting the following:

‘‘209. Noncompliance with affordable housing requirement.’’.

24 (b) CERTIFICATION OF COMPLIANCE WITH SUBSIDY

25 LAYERING REQUIREMENTS.—Section 206 of the Native
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1 American Housing Assistance and Self-Determination Act

2 of 1996 (25 U.S.C. 4136) is repealed.

3 (c) TERMINATIONS.—Section 502(a) of the Native

4 American Housing Assistance and Self-Determination Act

5 of 1996 (25 U.S.C. 4181(a)) is amended by adding at the

6 end the following: ‘‘Any housing that is the subject of a

7 contract for tenant-based assistance between the Secretary

8 and an Indian housing authority that is terminated under

9 this section shall, for the following fiscal year and each

10 fiscal year thereafter, be considered to be a dwelling unit

11 under section 302(b)(1).’’.

Passed the Senate February 28, 2000.

Attest: GARY SISCO,

Secretary.