I
105TH CONGRESS
2D SESSION
H. R. 4482
To amend the Native American Housing Assistance and Self-Determination
Act of 1996 to make necessary technical corrections.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1998
Mr. METCALF introduced the following bill; which was referred to the
Committee on Banking and Financial Services
A BILL
To amend the Native American Housing Assistance and Self-
Determination Act of 1996 to make necessary technical
corrections.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Native American
Housing Assistance and Self-Determination Act Amend-
ments of 1998’’.
SEC. 2. RESTRICTION ON WAIVER AUTHORITY.
Section 101(b)(2) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4111(b)(2)) is amended by striking ‘‘if the Secretary’’ and
all that follows before the period at the end and inserting
the following: ‘‘for a period of not more than 90 days, if
the Secretary determines that an Indian tribe has not
complied with, or is unable to comply with, those require-
ments due to extreme circumstances beyond the control
of the Indian tribe’’.
SEC. 3. ADMINISTRATIVE CAPACITY; ASSISTANCE TO FAMI-
LIES THAT ARE NOT LOW-INCOME.
(a) ADMINISTRATIVE CAPACITY.—Subparagraph (K)
of section 102(c)(4) of the Native American Housing As-
sistance and Self-Determination Act of 1996 (25 U.S.C.
4112(c)(4)) is amended to read as follows:
‘‘(K) a description of the entity that will
carry out the activities under the plan, includ-
ing—
‘‘(i) the relevant personnel of the en-
tity; and
‘‘(ii) the administrative capacity of the
entity, which shall describe the extent to
which the entity—
‘‘(I) is financially stable;
‘‘(II) has adequate financial con-
trols and systems in place;
‘‘(III) has adequately trained
staff; and
‘‘(IV) has demonstrated ability to
comply with applicable statutes, regu-
lations of the Department of Housing
and Urban Development, contracts
and other program requirements.’’.
(b) ASSISTANCE TO FAMILIES THAT ARE NOT LOW-
INCOME.—Section 102(c) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4112(c)) is amended by adding at the end the following:
‘‘(6) CERTAIN FAMILIES.—With respect to as-
sistance provided by a recipient to Indian families
that are not low-income families under section
201(b)(2), evidence that there is a need for housing
for each such family during that period that cannot
reasonably be met without such assistance.’’.
SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL
TRIBES.
Section 102 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C.
4112) is amended—
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as sub-
section (f).
Act of 1996 (25 U.S.C. 1465) is amended to read as fol-
lows:
‘‘SEC. 405. REVIEWS AND AUDITS.
‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF TITLE
31, UNITED STATES CODE.—
‘‘(1) IN GENERAL.—An entity designated by an
Indian tribe as a housing entity shall be treated, for
purposes of chapter 75 of title 31, United States
Code, as a non-Federal entity that is subject to the
audit requirements that apply to non-Federal enti-
ties under that chapter.
‘‘(2) PAYMENT OF COSTS.—
‘‘(A) IN
GENERAL.—The Secretary may
arrange and pay for any audit required under
paragraph (1).
‘‘(B) WITHHOLDING OF AMOUNTS.—If the
Secretary pays for an audit under subpara-
graph (A), the Secretary may withhold, from
the assistance otherwise payable under this Act,
an amount sufficient to pay for the reasonable
costs of conducting an audit that meets the ap-
plicable requirements of chapter 75 of title 31,
United States Code, including, if appropriate,
the reasonable costs of accounting services nec-
essary to ensure that the books and records of
the entity referred to in paragraph (1) are in
such condition as is necessary to carry out the
audit.
‘‘(b) ADDITIONAL REVIEWS AND AUDITS.—
‘‘(1) IN GENERAL.—In addition to any audit
under subsection (a)(1), to the extent the Secretary
determines such action to be appropriate, the Sec-
retary may conduct an audit of a recipient in order
to—
‘‘(A) determine whether the recipient—
‘‘(i) has carried out—
‘‘(I) eligible activities in a timely
manner; and
‘‘(II) eligible activities and cer-
tification in accordance with this Act
and other applicable law;
‘‘(ii) has a continuing capacity to
carry out eligible activities in a timely
manner; and
‘‘(iii) is in compliance with the Indian
housing plan of the recipient; and
‘‘(B) verify the accuracy of information
contained in any performance report submitted
by the recipient under section 404.
‘‘(2) COST OF ADDITIONAL AUDITS.—Additional
audits and reviews conducted under this subsection
shall be paid for by the Secretary.
‘‘(c) REVIEW OF REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall provide
each recipient that is the subject of a report made
by the Secretary under this section notice that the
recipient may review and comment on the report
during a period of not less than 30 days after the
date on which notice is issued under this paragraph.
‘‘(2) PUBLIC AVAILABILITY.—After taking into
consideration any comments of the recipient under
paragraph (1), the Secretary—
‘‘(A) may revise the report; and
‘‘(B) not later than 30 days after the date
on which those comments are received, shall
make the comments and the report (with any
revisions made under subparagraph (A)) readily
available to the public.
‘‘(d) EFFECT OF REVIEWS.—After reviewing the re-
ports and audits relating to a recipient that are prepared
under this section, the Secretary may adjust the amount
of a grant made to a recipient under this Act pursuant
to section 401(a), or refer for civil action any reported
matter pursuant to section 401(c), or take other action
as may be appropriate in accordance with existing proce-
dures of the Department of Housing and Urban Develop-
ment relating to audits and reviews of fund recipients.’’.
SEC. 7. REMEDIES FOR NONCOMPLIANCE.
(a) HEARING REQUIREMENT.—Section 401(a) of the
Native American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4161(a)) is amended—
(1) by redesignating paragraphs (1) through
(4) as subparagraphs (A) through (D), respectively,
and indenting each such subparagraph 2 ems to the
right;
(2) by striking ‘‘Except as provided’’ and in-
serting the following:
‘‘(1) IN GENERAL.—Except as provided’’;
(3) by amending subparagraph (B), as redesig-
nated by paragraph (1) of this subsection, to read
as follows:
‘‘(B) reduce payments under this Act to
the recipient by an amount equal to the sum of
the amount of such payments that were not ex-
pended in accordance with this Act and the cost
of additional audits and reviews requested by
and paid for by the Secretary.’’;
(4) by striking ‘‘If the Secretary takes an ac-
tion under paragraph (1), (2), or (3)’’ and inserting
the following:
‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec-
retary takes an action under subparagraph (A), (B),
or (C) of paragraph (1)’’; and
(5) by adding at the end the following:
‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of this subsection, if the Sec-
retary makes a determination that the failure of
a recipient of assistance under this Act to com-
ply with any provision of this Act is resulting,
and would continue to result, in an expenditure
of Federal funds in a manner that is not au-
thorized by law, the Secretary may take an ac-
tion described in paragraph (1)(C) before con-
ducting a hearing.
‘‘(B) PROCEDURAL REQUIREMENT.—If the
Secretary takes an action described in subpara-
graph (A), the Secretary shall—
‘‘(i) provide notice to the recipient at
the time that the Secretary takes that ac-
tion; and
‘‘(ii) conduct a hearing not later than
60 days after the date on which the Sec-
retary provides notice under clause (i).
‘‘(C) DETERMINATION.—Upon completion
of a hearing under this paragraph, the Sec-
retary shall make a determination regarding
whether to continue taking the action that is
the subject of the hearing, take another action
under this subsection, or take no action.’’.
(b) NONCOMPLIANCE BECAUSE OF TECHNICAL INCA-
PACITY.—The matter following paragraph (2) of section
401(b) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4161(b)) is
amended by inserting ‘‘take an action under subsection (a)
or’’ after ‘‘the Secretary may’’.
SEC. 8. PUBLIC AVAILABILITY OF PLANS, REPORTS, AND
OTHER INFORMATION.
Title IV of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161 et
seq.) is amended by adding at the end the following:
‘‘SEC. 408. AVAILABILITY OF INFORMATION.
‘‘(a) IN GENERAL.—Each recipient shall make avail-
able to the general public any housing plan, annual per-
formance report, audit report, performance agreement,
and policy of the recipient.
‘‘(b) WAITING LISTS.—With respect to waiting lists
for housing assisted, or housing assistance using grant
amounts provided, under this Act, each recipient shall
make available—
‘‘(1) to the general public, aggregate informa-
tion regarding the number of persons or families on
such waiting lists, but may not make available infor-
mation that identifies (in any manner) the persons
or families on such list; and
‘‘(2) to a family on such a waiting list, upon the
request of the family, information regarding the
family’s place on the list and reasons for that place,
and any movement relative to other families on this
list.
Each recipient shall maintain information made available
under this subsection for purposes of review and audit
under sections 405 and 406.’’.
SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TABLE OF CONTENTS.—Section 1(b) of the Na-
tive American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 note) is amended in the table
of contents—
(1) by striking the item relating to section 206;
(2) by striking the item relating to section 209
and inserting the following:
‘‘209. Noncompliance with affordable housing requirement.’’;
and
(3) by inserting after the item relating to sec-
tion 407 the following:
‘‘408. Public availability of information.’’.
(b) DEFINITION OF INDIAN AREAS.—Section 4(10)
of the Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4103(10)) is amended
by inserting ‘‘an Indian tribe or’’ after ‘‘within which’’.
(c) CROSS-REFERENCE.—Section 4(12)(C)(i)(II) of
the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4103(12)(C)(i)(II)) is
amended by striking ‘‘section 107’’ and inserting ‘‘section
108’’.
(d) ELIMINATION OF TAX EXEMPTION.—Section 101
of the Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4111) is amended—
(1) by striking subsections (c), (d) and (e); and
(2) by inserting the following after subsection
(b):
‘‘(c) COOPERATIVE AGREEMENTS.—Housing owned
and operated by the recipient and developed under a con-
tract between the Secretary and an Indian housing author-
ity pursuant to the United States Housing Act of 1937
may be tax-exempt and subject to a payment in lieu of
taxes pursuant to or as recited by a cooperation agreement
between the recipient and the local governing body. Unless
abrogated, changed, or modified with the consent of the
housing authority or any successor, existing cooperation
agreements shall remain in full force and effect for so long
as the beneficial title to such a project is held by the hous-
ing authority or any successor.
‘‘(d) FEE IN LIEU OF TAX REQUIRED.—If one or
more local governing bodies are providing services to hous-
ing assisted under this Act and, because of Federal, tribal,
or State law, or the restricted nature or trust status of
the land, the property is exempt from real property taxes,
personal property taxes, or special assessment, a recipient
may not request and the Secretary shall not provide a
block grant under this Act unless a user fee is paid to
the local governing body or bodies, as compensation for
nonfee services normally provided by that entity to offset
its costs or unless receipt of such user fees is waived by
a local governing body. The amount of the user fee shall
be determined by the recipient and the local governing
body, but it must be based on the reasonable value of the
services provided by the local governing body or bodies.
‘‘(e) REQUIREMENTS RELATED TO FEE.—Notwith-
standing subsection (d)—
‘‘(1) total user fee payments to all local govern-
ing bodies for a single housing unit shall be reason-
able and comparable as determined by the Secretary,
in consultation with affected local governing bodies,
using local factors;
‘‘(2) any projects placed under a new or exist-
ing cooperation agreement that requires a payment
in lieu of taxes shall be exempt from the require-
ments of subsection (c);
‘‘(3) user fee payments shall be required for all
units;
‘‘(4) housing whose total assistance under this
Act is less than $10,000 shall be exempt from the
requirements of subsection (c); and
‘‘(5) all housing shall be exempt from the re-
quirements of subsection (c) if such housing is
owned by the occupant at the inception of the assist-
ance or if conveyance of the beneficial title is subse-
quently made to the occupant.’’.
(e) SUBMISSION OF INDIAN HOUSING PLAN.—Sec-
tion 102(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4112(a))
is amended—
(1) in paragraph (1), by inserting ‘‘(A)’’ after
‘‘(1)’’;
(2) in paragraph (1)(A), as so designated by
paragraph (1) of this subsection, by adding ‘‘or’’ at
the end;
(3) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; and
(4) by striking ‘‘(3)’’ and inserting ‘‘(2)’’.
(f) CLARIFICATION.—Section 103(c)(3) of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4113(c)(3)) is amended by inserting
‘‘not’’ before ‘‘prohibited’’.
(g) APPLICABILITY OF PROVISIONS OF CIVIL RIGHTS
ACT.—Section 201(b)(5) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4131(b)(5)) is amended—
(1) by inserting ‘‘federally recognized’’ before
‘‘Indian tribes’’; and
(2) by striking ‘‘under this subsection’’ and in-
serting ‘‘under this Act’’.
(h) ELIGIBILITY.—Section 205(a)(1) of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4135(a)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end; and
(2) by striking subparagraph (B) and inserting
the following:
‘‘(B) in the case of housing for home-
ownership, is made available only for a family
that is a low-income family;
‘‘(C) in the case of a lease-purchase agree-
ment, is made available at the time that the
agreement for that lease-purchase is signed;
and
‘‘(D) in the case of a contract to purchase
housing to be acquired or constructed, is made
available at the time the contract for that hous-
ing is entered into.’’.
(i) CERTIFICATION OF COMPLIANCE WITH SUBSIDY
LAYERING REQUIREMENTS.—Section 206 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4136) is repealed.
(j) TENANT SELECTION.—Section 207(b)(3)(B) of
the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4137(b)(3)(B)) is
amended by striking ‘‘the grounds for any rejection’’ and
inserting ‘‘such rejection and the grounds for the rejec-
tion’’.
(k) AVAILABILITY OF RECORDS.—Section 208 of the
Native American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4138) is amended—
(1) in subsection (a), by striking ‘‘paragraph
(2)’’ and inserting ‘‘subsection (b)’’; and
(2) in subsection (b), by striking ‘‘paragraph
(1)’’ and inserting ‘‘subsection (a)’’.