II

103D CONGRESS

2D SESSION S. 1960

To increase housing opportunities for Indians.

IN THE SENATE OF THE UNITED STATES

MARCH 22 (legislative day, FEBRUARY 22), 1994

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

A BILL

To increase housing opportunities for Indians.

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.

4 This Act may be cited as the ‘‘Indian Housing Devel5 opment and Reform Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) Indian tribes face an unprecedented crisis

9 due to the lack of shelter for a growing number of

10 individuals and families, including elderly persons,

11 persons with disabilities, and families with children;
2

•S 1960 IS

1 (2) the demand for Indian housing has become

2 more severe and, in the absence of more effective ef3 forts and consistent funding, is expected to become

4 dramatically worse, endangering the lives and safety

5 of Indian and Alaska Native people;

6 (3) the Federal Government has a historical

7 and special legal relationship with, and resulting re8 sponsibility to, Indian tribes;

9 (4) included within the relationship referred to

10 in paragraph (3) is a trust responsibility to provide

11 decent, safe, sanitary, and affordable housing to the

12 members of Indian tribes residing on reservations;

13 (5) the Inspector General of the Department of

14 the Interior has issued several audit reports on var15 ious area offices of the Bureau of Indian Affairs and

16 has concluded that the Housing Improvement Pro17 gram has been severely mismanaged and abused;

18 (6) as a result of the mismanagement and

19 abuse of the Housing Improvement Program, per20 sons who are not eligible for the Program are receiv21 ing assistance while persons who are eligible for the

22 Program are not receiving needed assistance;

23 (7) the Secretary of Housing and Urban Devel24 opment has the primary responsibility for the deliv25 ery of Indian housing services; and
3

•S 1960 IS

1 (8) the transfer of the Housing Improvement

2 Program to the Department of Housing and Urban

3 Development will eliminate useless bureaucracy and

4 waste while allowing the Secretary of Housing and

5 Urban Development to administer the Housing Im6 provement Program according to the Program’s in7 tended goals and objectives.

8 SEC. 3. DEFINITIONS.

9 For purposes of this Act, the following definitions

10 shall apply:

11 (1) DEPARTMENT.—The term ‘‘Department’’,

12 unless otherwise specified, means the Department of

13 Housing and Urban Development.

14 (2) INCORPORATED DEFINITIONS.—The terms

15 ‘‘Indian’’, ‘‘Indian housing authority’’, and ‘‘Indian

16 tribe’’ have the same meanings as in section 3 of the

17 United States Housing Act of 1937.

18 (3) PROGRAM.—The term ‘‘Program’’ means

19 the Housing Improvement Program of the Bureau of

20 Indian Affairs, Department of the Interior, as set

21 forth in part 256 of title 25, Code of Federal Regu22 lations.

23 (4) SECRETARY.—The term ‘‘Secretary’’, unless

24 otherwise specified, means the Secretary of Housing

25 and Urban Development.
4

•S 1960 IS

1 SEC. 4. HOUSING IMPROVEMENT PROGRAM.

2 (a) TRANSFER OF PROGRAM.—

3 (1) IN GENERAL.—The Program is hereby

4 transferred to the Department.

5 (2) EFFECTIVE DATE.—Paragraph (1) shall

6 take effect on the expiration of the 180-day period

7 following the date of enactment of this Act.

8 (b) PROGRAM GOALS.—Notwithstanding any other

9 provision of law, the goals of the Program are—

10 (1) to benefit Indian families by providing de11 cent, safe, and sanitary shelter and by reducing the

12 health and social costs created by an unsafe and un13 sanitary environment; and

14 (2) to provide for renovations, repairs, and ad15 ditions to existing Indian houses, including repairs

16 to houses that remain substandard but need repairs

17 for the health or safety of the occupants and repairs

18 to bring Indian houses to standard condition.

19 (c) ADMINISTRATION OF THE PROGRAM.—

20 (1) IN GENERAL.—The Secretary shall carry

21 out the Program in accordance with this section.

22 (2) LIMITATION ON ASSISTANCE.—Notwith23 standing paragraph (3) or any other provision of

24 law, the Secretary, unless otherwise authorized by

25 the governing body of an Indian tribe—
5

•S 1960 IS

1 (A) shall provide assistance under the Pro2 gram only to the governing body of an Indian

3 tribe; and

4 (B) shall not provide any such assistance

5 to an Indian housing authority.

6 (3) MODIFICATIONS TO PROGRAM.—The Sec7 retary is authorized to modify or otherwise change

8 the Program to meet the goals set forth in sub9 section (b).

10 (d) TRANSFER AND ALLOCATIONS OF APPROPRIA11 TIONS.—Except as otherwise provided in this section, the

12 assets, liabilities, contracts, property, records, and unex13 pended balances of appropriations, authorizations, alloca14 tions, and other funds employed, used, held, arising from,

15 available to, or to be made available in connection with

16 the Program, subject to section 1531 of title 31, United

17 States Code, shall be transferred to the Department. Un18 expended funds transferred pursuant to this section shall

19 be used only for the purposes for which the funds were

20 originally authorized and appropriated.

21 (e) TRANSFER OF PERSONNEL.—

22 (1) IN GENERAL.—Except as otherwise pro23 vided in this section, the Secretary of the Interior

24 shall transfer such personnel to the Department to
6

•S 1960 IS

1 administer the Program as the Secretary considers

2 necessary and appropriate.

3 (2) NO SEPARATION OR REDUCTION IN GRADE

4 OR COMPENSATION FOR 1 YEAR.—Except as other5 wise provided in this section, any transfer pursuant

6 to this section of full-time personnel (except special

7 Government employees) and part-time personnel

8 holding permanent positions shall not cause any

9 such employee to be separated or reduced in grade

10 or compensation during the 1-year period beginning

11 on the date on which the employee is transferred to

12 the Department.

13 (3) EXECUTIVE SCHEDULE EMPLOYEES.—Ex14 cept as otherwise provided in this section, any per15 son who, on the day preceding the date on which

16 such person is transferred to the Department under

17 this section, holds a position compensated in accord18 ance with the Executive Schedule prescribed in chap19 ter 53 of title 5, United States Code, and who, with20 out a break in service, is appointed in the Depart21 ment to a position having duties comparable to the

22 duties performed immediately preceding such ap23 pointment shall continue to be compensated in such

24 new position at not less than the rate provided for
7

•S 1960 IS

1 such previous position, for the duration of the serv2 ice of such person in such new position.

3 (4) PRESIDENTIAL APPOINTEES.—Positions

4 whose incumbents are appointed by the President,

5 by and with the advice and consent of the Senate,

6 the functions of which are transferred pursuant to

7 this section, shall terminate on the effective date of

8 this section.

9 (f) INCIDENTAL TRANSFERS.—The Director of the

10 Office of Management and Budget, at such time or times

11 as the Director shall provide, is authorized to make such

12 determinations as may be necessary with regard to the

13 Program, and to make such additional incidental disposi14 tions of personnel, assets, liabilities, grants, contracts,

15 property, records, and unexpended balances of appropria16 tions, authorizations, allocations, and other funds held,

17 used, arising from, available to, or to be made available

18 in connection with the Program, as may be necessary to

19 carry out this section. The Director of the Office of Man20 agement and Budget shall provide for the termination of

21 the affairs of all entities terminated by this section and

22 for such further measures and dispositions as may be nec23 essary to effectuate the purposes of this section.

24 (g) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

25 All orders, determinations, rules, regulations, permits,
8

•S 1960 IS

1 agreements, grants, contracts, certificates, licenses, reg2 istrations, privileges, and other administrative actions—

3 (1) that have been issued, made, granted, or al4 lowed to become effective by the President, any Fed5 eral agency or official, or by a court of competent

6 jurisdiction, in the performance of the Program

7 which are transferred under this section; and

8 (2) that are in effect on the effective date of

9 subsection (a)(1), or that were final before such date

10 and are to become effective on or after such date;

11 shall continue in effect according to their terms until

12 modified, terminated, superseded, set aside, or revoked in

13 accordance with law by the President, the Secretary, or

14 other authorized official, a court of competent jurisdiction,

15 or by operation of law.

16 (h) PROCEEDINGS NOT AFFECTED.—The provisions

17 of this section shall not affect any proceedings, including

18 notices of proposed rulemaking, or any application for any

19 license, permit, certificate, or financial assistance pending

20 before the Department of the Interior on the effective date

21 of subsection (a)(1), with respect to the Program, and

22 such proceedings and applications shall be continued. Or23 ders shall be issued in such proceedings, appeals shall be

24 taken therefrom, and payments shall be made pursuant

25 to such orders, as if this section had not been enacted,
9

•S 1960 IS

1 and orders issued in any such proceedings shall continue

2 in effect until modified, terminated, superseded, or re3 voked by a duly authorized official, by a court of com4 petent jurisdiction, or by operation of law. Nothing in this

5 section shall be deemed to prohibit the discontinuance or

6 modification of any such proceeding under the same terms

7 and conditions and to the same extent that such proceed8 ing could have been discontinued or modified if this sec9 tion had not been enacted.

10 (i) ACTIONS NOT AFFECTED.—The provisions of this

11 section shall not affect actions commenced before the ef12 fective date of subsection (a)(1), and in all such actions,

13 proceedings shall be had, appeals taken, and judgments

14 rendered in the same manner and with the same effect

15 as if this section had not been enacted.

16 (j) NONABATEMENT OF ACTIONS.—No action or

17 other proceeding commenced by or against the Depart18 ment of the Interior, or by or against any individual in

19 the official capacity of such individual as an officer of the

20 Department of the Interior, shall abate by reason of the

21 enactment of this section.

22 (k) ADMINISTRATIVE ACTIONS RELATING TO PRO23 MULGATION OF REGULATIONS.—Any administrative ac24 tion relating to the preparation or promulgation of a regu25 lation by the Department of the Interior relating to the
10

•S 1960 IS

1 Program may be continued by the Department with the

2 same effect as if this section had not been enacted.

3 (l) TRANSITION.—The Secretary is authorized to uti4 lize—

5 (1) the services of such officers, employees, and

6 other personnel of the Department of the Interior

7 with respect to the Program; and

8 (2) funds appropriated to the Program for such

9 period of time as may reasonably be needed to facili10 tate the orderly implementation of this section.

11 (m) REFERENCES.—Reference in any other Federal

12 law, Executive order, rule, regulation, or delegation of au13 thority, or any document of or relating to—

14 (1) the Secretary of the Interior, with regard to

15 the Program, shall be deemed to refer to the Sec16 retary; and

17 (2) the Department of the Interior, with regard

18 to the Program, shall be deemed to refer to the

19 Department.

20 (n) REGULATIONS.—The Secretary shall, by notice

21 published in the Federal Register, establish such require22 ments as may be necessary to carry out this section. The

23 Secretary shall issue final regulations to carry out this sec24 tion, based on such notice, after providing opportunity for

25 public comment on the notice.
11

•S 1960 IS

1 (o) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated $34,000,000 for fiscal

3 years 1996, 1997, 1998, 1999, and 2000 to carry out the

4 Program.

5 SEC. 5. AUTHORIZATION.

6 Section 5(c) of the United States Housing Act of

7 1937 (42 U.S.C. 1437c(c)) is amended by adding at the

8 end the following new paragraph:

9 ‘‘(9) Using the additional budget authority that

10 becomes available during fiscal years 1996, 1997,

11 1998, 1999, and 2000, the Secretary shall, to the

12 extent approved in appropriation Acts, reserve au13 thority to enter into obligations aggregating, for

14 public housing grants for Indian families under sub15 section (a)(2), an amount sufficient to provide as16 sistance for an additional 4,000 units of Indian

17 housing for each such year.’’.

18 SEC. 6. ELIGIBLE INDIANS.

19 Section 201 of the United States Housing Act of

20 1937 (42 U.S.C. 1437aa) is amended by adding at the

21 end the following new subsection:

22 ‘‘(d) ELIGIBLE FAMILIES.—

23 ‘‘(1) IN GENERAL.—Except as provided in sec24 tion 202(d) of this title and paragraph (2) of this

25 subsection, low-income housing developed or oper-
12

•S 1960 IS

1 ated pursuant to a contract between the Secretary

2 and an Indian housing authority shall be limited to

3 Indian low-income families.

4 ‘‘(2) EXCEPTION.—An Indian housing authority

5 may provide assistance to any non-Indian family on

6 an Indian reservation or other Indian area if the In7 dian housing authority determines that the need for

8 housing for such families on the Indian reservation

9 or other Indian area cannot reasonably be met with10 out such assistance.

11 ‘‘(3) EXISTING ASSISTANCE.—Nothing in this

12 subsection shall be construed to prohibit or other13 wise affect any assistance provided to a family

14 served by an Indian housing authority on the date

15 of enactment of this subsection.’’.

16 SEC. 7. CERTAIN WAGE RATES NOT APPLICABLE.

17 (a) WAGE RATES.—Beginning on the date of enact18 ment of this Act, the provisions of the Davis-Bacon Act

19 shall not be applicable to any construction, alteration, or

20 repair, including painting and decorating, carried out pur21 suant to any contract entered into after the date of enact22 ment of this Act, except as provided in subsection (b), in

23 connection with any housing project of 40 units or less

24 involving Indian housing developed or operated by an In25 dian housing authority.
13

•S 1960 IS

1 (b) EXISTING CONTRACTS.—The provisions of sub2 section (a) shall not affect any contract in effect on the

3 date of enactment of this Act, or any contract that is en4 tered into on or after such date of enactment pursuant

5 to invitations for bids that were outstanding on such date

6 of enactment.

7 SEC. 8. TECHNICAL ASSISTANCE.

8 (a) TECHNICAL ASSISTANCE GRANTS.—The Sec9 retary is authorized to make grants to Indian tribes for

10 use by such tribes in obtaining technical assistance in con11 nection with Indian housing programs.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated $500,000 to carry out

14 the provisions of subsection (a).

Æ