H. R. 3219—21
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 chal-
lenges 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 assist-
ance under this Act is equal to or greater than the total amount
made available for fiscal year 1996 for assistance for the oper-
ation 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
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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 assist-
ance 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 deter-
mines 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
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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 juris-
diction 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 find-
ings 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
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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 oppor-
tunity 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 condi-
tions 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 bind-
ing 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 bene-
ficiaries, 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 compli-
ance with the requirements of this Act.