H. R. 3219—25
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 appro-
priate 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 activi-
ties 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
H. R. 3219—26
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 afford-
able 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 
ASSIST-
ANCE 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 subpara-
graph (G);
(B) in paragraph (6), by striking the last sentence;
(C) in paragraph (7)—
H. R. 3219—27
(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 hous-
ing 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 para-
graph (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.
H. R. 3219—28
(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 para-
graph (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 hous-
ing assistance under the United States Housing Act of 1937 may
not be provided to any Indian housing authority or tribally des-
ignated 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 assist-
ance 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
H. R. 3219—29
(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) by striking ‘‘Indian tribe,’’; and
(B) by striking paragraph (3);
(8) in section 441—
(A) by striking subsection (g);
H. R. 3219—31
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 appropriations 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 guaran-
teed 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
H. R. 3219—32
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 obliga-
tions 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, under-
writing, 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 appropriations
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 appro-
priations 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.
H. R. 3219—33
(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 homeowner-
ship housing in such areas’’.
H. R. 3219—34
(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 fore-
closure (or in any case in which a foreclosure proceed-
ing 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 obliga-
tion 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 assign-
ment, the Secretary shall pay to the holder of the
guarantee the pro rata portion of the amount guaran-
teed (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 obliga-
tion 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: