H. R. 3219
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide Federal assistance for Indian tribes in a manner that recognizes the
right of tribal self-governance, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Native
American Housing Assistance and Self-Determination Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Congressional findings.
Sec. 3. Administration through Office of Native American Programs.
Sec. 4. Definitions.
TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Environmental review.
Sec. 106. Regulations.
Sec. 107. Effective date.
Sec. 108. Authorization of appropriations.
TITLE II—AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Types of investments.
Sec. 205. Low-income requirement and income targeting.
Sec. 206. Certification of compliance with subsidy layering requirements.
Sec. 207. Lease requirements and tenant selection.
Sec. 208. Availability of records.
Sec. 209. Repayment.
Sec. 210. Continued use of amounts for affordable housing.
TITLE III—ALLOCATION OF GRANT AMOUNTS
Sec. 301. Annual allocation.
Sec. 302. Allocation formula.
TITLE IV—COMPLIANCE, AUDITS, AND REPORTS
Sec. 401. Remedies for noncompliance.
Sec. 402. Replacement of recipient.
Sec. 403. Monitoring of compliance.
Sec. 404. Performance reports.
Sec. 405. Review and audit by Secretary.
Sec. 406. GAO audits.
Sec. 407. Reports to Congress.
TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER
INCORPORATED PROGRAMS
Sec. 501. Repeal of provisions relating to Indian housing assistance under United
States Housing Act of 1937.
H. R. 3219—2
Sec. 502. Termination of Indian housing assistance under United States Housing
Act of 1937.
Sec. 503. Termination of new commitments for rental assistance.
Sec. 504. Termination of youthbuild program assistance.
Sec. 505. Termination of HOME program assistance.
Sec. 506. Termination of housing assistance for the homeless.
Sec. 507. Savings provision.
Sec. 508. Effective date.
TITLE VI—FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
ACTIVITIES
Sec. 601. Authority and requirements.
Sec. 602. Security and repayment.
Sec. 603. Payment of interest.
Sec. 604. Training and information.
Sec. 605. Limitations on amount of guarantees.
Sec. 606. Effective date.
TITLE VII—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 701. Loan guarantees for Indian housing.
Sec. 702. 50-year leasehold interest in trust or restricted lands for housing
purposes.
Sec. 703. Training and technical assistance.
Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 705. Effective date.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) the Federal Government has a responsibility to promote
the general welfare of the Nation—
(A) by using Federal resources to aid families and
individuals seeking affordable homes in safe and healthy
environments and, in particular, assisting responsible,
deserving citizens who cannot provide fully for themselves
because of temporary circumstances or factors beyond their
control;
(B) by working to ensure a thriving national economy
and a strong private housing market; and
(C) by developing effective partnerships among the
Federal Government, State, tribal, and local governments,
and private entities that allow government to accept
responsibility for fostering the development of a healthy
marketplace and allow families to prosper without govern-
ment involvement in their day-to-day activities;
(2) there exists a unique relationship between the Govern-
ment of the United States and the governments of Indian
tribes and a unique Federal responsibility to Indian people;
(3) the Constitution of the United States invests the
Congress with plenary power over the field of Indian affairs,
and through treaties, statutes, and historical relations with
Indian tribes, the United States has undertaken a unique trust
responsibility to protect and support Indian tribes and Indian
people;
(4) the Congress, through treaties, statutes, and the general
course of dealing with Indian tribes, has assumed a trust
responsibility for the protection and preservation of Indian
tribes and for working with tribes and their members to
improve their housing conditions and socioeconomic status so
that they are able to take greater responsibility for their own
economic condition;
(5) providing affordable homes in safe and healthy environ-
ments is an essential element in the special role of the United
H. R. 3219—3
States in helping tribes and their members to improve their
housing conditions and socioeconomic status;
(6) the need for affordable homes in safe and healthy
environments on Indian reservations, in Indian communities,
and in Native Alaskan villages is acute and the Federal Govern-
ment should work not only to provide housing assistance, but
also, to the extent practicable, to assist in the development
of private housing finance mechanisms on Indian lands to
achieve the goals of economic self-sufficiency and self-deter-
mination for tribes and their members; and
(7) Federal assistance to meet these responsibilities should
be provided in a manner that recognizes the right of Indian
self-determination and tribal self-governance by making such
assistance available directly to the Indian tribes or tribally
designated entities under authorities similar to those accorded
Indian tribes in Public Law 93–638 (25 U.S.C. 450 et seq.).
SEC. 3. ADMINISTRATION THROUGH OFFICE OF NATIVE AMERICAN
PROGRAMS.
The Secretary of Housing and Urban Development shall carry
out this Act through the Office of Native American Programs of
the Department of Housing and Urban Development.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) ADJUSTED INCOME.—The term ‘‘adjusted income’’ means
the annual income that remains after excluding the following
amounts:
(A) YOUTHS, 
STUDENTS, 
AND
PERSONS
WITH
DIS-
ABILITIES.—$480 for each member of the family residing
in the household (other than the head of the household
or the spouse of the head of the household)—
(i) who is under 18 years of age; or
(ii) who is—
(I) 18 years of age or older; and
(II) a person with disabilities or a full-time
student.
(B) ELDERLY
AND
DISABLED
FAMILIES.—$400 for an
elderly or disabled family.
(C) MEDICAL AND ATTENDANT EXPENSES.—The amount
by which 3 percent of the annual income of the family
is exceeded by the aggregate of—
(i) medical expenses, in the case of an elderly
or disabled family; and
(ii) reasonable attendant care and auxiliary
apparatus expenses for each family member who is
a person with disabilities, to the extent necessary to
enable any member of the family (including a member
who is a person with disabilities) to be employed.
(D) CHILD CARE EXPENSES.—Child care expenses, to
the extent necessary to enable another member of the
family to be employed or to further his or her education.
(E) EARNED INCOME OF MINORS.—The amount of any
earned income of any member of the family who is less
than 18 years of age.
(F) TRAVEL EXPENSES.—Excessive travel expenses, not
to exceed $25 per family per week, for employment- or
education-related travel.
H. R. 3219—4
(G) OTHER
AMOUNTS.—Such other amounts as may
be provided in the Indian housing plan for an Indian tribe.
(2) AFFORDABLE HOUSING.—The term ‘‘affordable housing’’
means housing that complies with the requirements for
affordable housing under title II. The term includes permanent
housing for homeless persons who are persons with disabilities,
transitional housing, and single room occupancy housing.
(3) DRUG-RELATED CRIMINAL ACTIVITY.—The term ‘‘drug-
related criminal activity’’ means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture,
sell, distribute, or use, of a controlled substance (as such term
is defined in section 102 of the Controlled Substances Act).
(4) ELDERLY FAMILIES AND NEAR-ELDERLY FAMILIES.—The
terms ‘‘elderly family’’ and ‘‘near-elderly family’’ mean a family
whose head (or his or her spouse), or whose sole member,
is an elderly person or a near-elderly person, respectively. Such
terms include 2 or more elderly persons or near-elderly persons
living together, and 1 or more such persons living with 1
or more persons determined under the Indian housing plan
for the agency to be essential to their care or well-being.
(5) ELDERLY PERSON.—The term ‘‘elderly person’’ means
a person who is at least 62 years of age.
(6) FAMILY.—The term ‘‘family’’ includes a family with or
without children, an elderly family, a near-elderly family, a
disabled family, and a single person.
(7) GRANT
BENEFICIARY.—The term ‘‘grant beneficiary’’
means the Indian tribe or tribes on behalf of which a grant
is made under this Act to a recipient.
(8) INCOME.—The term ‘‘income’’ means income from all
sources of each member of the household, as determined in
accordance with criteria prescribed by the Secretary, except
that the following amounts may not be considered as income
under this paragraph:
(A) Any amounts not actually received by the family.
(B) Any amounts that would be eligible for exclusion
under section 1613(a)(7) of the Social Security Act.
(9) INDIAN.—The term ‘‘Indian’’ means any person who
is a member of an Indian tribe.
(10) INDIAN AREA.—The term ‘‘Indian area’’ means the area
within which a tribally designated housing entity is authorized
by one or more Indian tribes to provide assistance under this
Act for affordable housing.
(11) INDIAN
HOUSING
PLAN.—The term ‘‘Indian housing
plan’’ means a plan under section 102.
(12) INDIAN TRIBE.—
(A) IN GENERAL.—The term ‘‘Indian tribe’’ means a
tribe that is a federally recognized tribe or a State recog-
nized tribe.
(B) FEDERALLY RECOGNIZED TRIBE.—The term ‘‘feder-
ally recognized tribe’’ means any Indian tribe, band, nation,
or other organized group or community of Indians,
including any Alaska Native village or regional or village
corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, that is recognized
as eligible for the special programs and services provided
by the United States to Indians because of their status
H. R. 3219—5
as Indians pursuant to the Indian Self-Determination and
Education Assistance Act of 1975.
(C) STATE RECOGNIZED TRIBE.—
(i) IN GENERAL.—The term ‘‘State recognized tribe’’
means any tribe, band, nation, pueblo, village, or
community—
(I) that has been recognized as an Indian tribe
by any State; and
(II) for which an Indian Housing Authority
has, before the effective date under section 107,
entered into a contract with the Secretary pursu-
ant to the United States Housing Act of 1937
for housing for Indian families and has received
funding pursuant to such contract within the 5-
year period ending upon such effective date.
(ii) CONDITIONS.—Notwithstanding clause (i)—
(I) the allocation formula under section 302
shall be determined for a State recognized tribe
under tribal membership eligibility criteria in
existence on the date of the enactment of this
Act; and
(II) nothing in this paragraph shall be con-
strued to confer upon a State recognized tribe any
rights, privileges, responsibilities, or obligations
otherwise accorded groups recognized as Indian
tribes by the United States for other purposes.
(13) LOW-INCOME FAMILY.—The term ‘‘low-income family’’
means a family whose income does not exceed 80 percent of
the median income for the area, as determined by the Secretary
with adjustments for smaller and larger families, except that
the Secretary may, for purposes of this paragraph, establish
income ceilings higher or lower than 80 percent of the median
for the area on the basis of the findings of the Secretary
or the agency that such variations are necessary because of
prevailing levels of construction costs or unusually high or
low family incomes.
(14) MEDIAN INCOME.—The term ‘‘median income’’ means,
with respect to an area that is an Indian area, the greater
of—
(A) the median income for the Indian area, which
the Secretary shall determine; or
(B) the median income for the United States.
(15) NEAR-ELDERLY PERSON.—The term ‘‘near-elderly per-
son’’ means a person who is at least 55 years of age and
less than 62 years of age.
(16) NONPROFIT.—The term ‘‘nonprofit’’ means, with respect
to an organization, association, corporation, or other entity,
that no part of the net earnings of the entity inures to the
benefit of any member, founder, contributor, or individual.
(17) PERSON WITH DISABILITIES.—The term ‘‘person with
disabilities’’ means a person who—
(A) has a disability as defined in section 223 of the
Social Security Act;
(B) is determined, pursuant to regulations issued by
the Secretary, to have a physical, mental, or emotional
impairment which—
H. R. 3219—6
(i) is expected to be of long-continued and indefinite
duration;
(ii) substantially impedes his or her ability to live
independently; and
(iii) is of such a nature that such ability could
be improved by more suitable housing conditions; or
(C) has a developmental disability as defined in section
102 of the Developmental Disabilities Assistance and Bill
of Rights Act.
Such term shall not exclude persons who have the disease
of acquired immunodeficiency syndrome or any conditions
arising from the etiologic agent for acquired immunodeficiency
syndrome. Notwithstanding any other provision of law, no
individual shall be considered a person with disabilities, for
purposes of eligibility for housing assisted under this Act, solely
on the basis of any drug or alcohol dependence. The Secretary
shall consult with other appropriate Federal agencies to imple-
ment the preceding sentence.
(18) RECIPIENT.—The term ‘‘recipient’’ means an Indian
tribe or the entity for one or more Indian tribes that is author-
ized to receive grant amounts under this Act on behalf of
the tribe or tribes.
(19) SECRETARY.—Except as otherwise specifically provided
in this Act, the term ‘‘Secretary’’ means the Secretary of Hous-
ing and Urban Development.
(20) STATE.—The term ‘‘State’’ means the States of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, and any
other territory or possession of the United States and Indian
tribes.
(21) TRIBALLY DESIGNATED HOUSING ENTITY.—The terms
‘‘tribally designated housing entity’’ and ‘‘housing entity’’ have
the following meaning:
(A) EXISTING IHA’S.—With respect to any Indian tribe
that has not taken action under subparagraph (B), and
for which an Indian housing authority—
(i) was established for purposes of the United
States Housing Act of 1937 before the date of the
enactment of this Act that meets the requirements
under the United States Housing Act of 1937,
(ii) is acting upon such date of enactment as the
Indian housing authority for the tribe, and
(iii) is not an Indian tribe for purposes of this
Act,
the terms mean such Indian housing authority.
(B) OTHER ENTITIES.—With respect to any Indian tribe
that, pursuant to this Act, authorizes an entity other than
the tribal government to receive grant amounts and provide
assistance under this Act for affordable housing for Indians,
which entity is established—
(i) by exercise of the power of self-government
of one or more Indian tribes independent of State
law, or
(ii) by operation of State law providing specifically
for housing authorities or housing entities for Indians,
H. R. 3219—7
including regional housing authorities in the State of
Alaska,
the terms mean such entity.
(C) ESTABLISHMENT.—A tribally designated housing
entity may be authorized or established by one or more
Indian tribes to act on behalf of each such tribe authorizing
or establishing the housing entity.
TITLE I—BLOCK GRANTS AND GRANT
REQUIREMENTS
SEC. 101. BLOCK GRANTS.
(a) AUTHORITY.—For each fiscal year, the Secretary shall (to
the extent amounts are made available to carry out this Act) make
grants under this section on behalf of Indian tribes to carry out
affordable housing activities. Under such a grant on behalf of an
Indian tribe, the Secretary shall provide the grant amounts for
the tribe directly to the recipient for the tribe.
(b) PLAN REQUIREMENT.—
(1) IN GENERAL.—The Secretary may make a grant under
this Act on behalf of an Indian tribe for a fiscal year
only if—
(A) the Indian tribe has submitted to the Secretary
an Indian housing plan for such fiscal year under section
102; and
(B) the plan has been determined under section 103
to comply with the requirements of section 102.
(2) WAIVER.—The Secretary may waive the applicability
of the requirements under paragraph (1), in whole or in part,
if the Secretary finds that an Indian tribe has not complied
or cannot comply with such requirements due to circumstances
beyond the control of the tribe.
(c) LOCAL COOPERATION AGREEMENT.—The Secretary may not
make any grant under this Act on behalf of an Indian tribe unless
the governing body of the locality within which any affordable
housing to be assisted with the grant amounts will be situated
has entered into an agreement with the recipient for the tribe
providing for local cooperation required by the Secretary pursuant
to this Act.
(d) EXEMPTION FROM TAXATION.—A grant recipient for an
Indian tribe may receive a block grant under this Act only if—
(1) the affordable housing assisted with grant amounts
received by the recipient (exclusive of any portions not assisted
with amounts provided under this Act) is exempt from all
real and personal property taxes levied or imposed by any
State, tribe, city, county, or other political subdivision; and
(2) the recipient makes annual payments of user fees to
compensate such governments for the costs of providing govern-
mental services, including police and fire protection, roads,
water and sewerage systems, utilities systems and related
facilities, or payments in lieu of taxes to such taxing authority,
in an amount equal to the greater of $150 per dwelling unit
or 10 percent of the difference between the shelter rent and
the utility cost, or such lesser amount as—
(A) is prescribed by State, tribal, or local law;
H. R. 3219—8
(B) is agreed to by the local governing body in the
agreement under subsection (c); or
(C) the recipient and the local governing body agree
that such user fees or payments in lieu of taxes shall
not be made.
(e) EFFECT OF FAILURE TO EXEMPT FROM TAXATION.—Notwith-
standing subsection (d), a grant recipient that does not comply
with the requirements under such subsection may receive a block
grant under this Act, but only if the tribe, State, city, county,
or other political subdivision in which the affordable housing devel-
opment is located contributes, in the form of cash or tax remission,
the amount by which the taxes paid with respect to the development
exceed the amounts prescribed in subsection (d)(2).
(f) AMOUNT.—Except as otherwise provided under this Act,
the amount of a grant under this section to a recipient for a
fiscal year shall be—
(1) in the case of a recipient whose grant beneficiary is
a single Indian tribe, the amount of the allocation under section
301 for the Indian tribe; and
(2) in the case of a recipient whose grant beneficiary is
more than 1 Indian tribe, the sum of the amounts of the
allocations under section 301 for each such Indian tribe.
(g) USE FOR AFFORDABLE HOUSING ACTIVITIES UNDER PLAN.—
Except as provided in subsection (h), amounts provided under a
grant under this section may be used only for affordable housing
activities under title II that are consistent with an Indian housing
plan approved under section 103.
(h) ADMINISTRATIVE EXPENSES.—The Secretary shall, by regula-
tion, authorize each recipient to use a percentage of any grant
amounts received under this Act for any reasonable administrative
and planning expenses of the recipient relating to carrying out
this Act and activities assisted with such amounts, which may
include costs for salaries of individuals engaged in administering
and managing affordable housing activities assisted with grant
amounts provided under this Act and expenses of preparing an
Indian housing plan under section 102.
(i) PUBLIC-PRIVATE PARTNERSHIPS.—Each recipient shall make
all reasonable efforts, consistent with the purposes of this Act,
to maximize participation by the private sector, including nonprofit
organizations and for-profit entities, in implementing the approved
Indian housing plan.
SEC. 102. INDIAN HOUSING PLANS.
(a) PLAN SUBMISSION.—The Secretary shall provide—
(1) for an Indian tribe to submit to the Secretary, for
each fiscal year, a housing plan under this section for the
tribe;
(2) for the tribally designated housing entity for the tribe
to submit the plan as provided in subsection (d) for the tribe;
and
(3) for the review of such plans.
(b) 5-YEAR PLAN.—Each housing plan under this section shall
be in a form prescribed by the Secretary and shall contain, with
respect to the 5-year period beginning with the fiscal year for
which the plan is submitted, the following information:
(1) MISSION
STATEMENT.—A general statement of the
mission of the Indian tribe to serve the needs of the low-
H. R. 3219—9
income families in the jurisdiction of the Indian tribe during
the period.
(2) GOALS AND OBJECTIVES.—A statement of the goals and
objectives of the Indian tribe to enable the tribe to serve the
needs identified in paragraph (1) during the period.
(3) ACTIVITIES PLAN.—An overview of the activities planned
during the period including an analysis of the manner in which
the activities will enable the tribe to meet its mission, goals,
and objectives.
(c) 1-YEAR PLAN.—A housing plan under this section for an
Indian tribe shall be in a form prescribed by the Secretary and
contain the following information relating to the upcoming fiscal
year for which the assistance under this Act is to be made available:
(1) GOALS AND OBJECTIVES.—A statement of the goals and
objectives to be accomplished during that period.
(2) STATEMENT
OF
NEEDS.—A statement of the housing
needs of the low-income Indian families residing in the jurisdic-
tion of the Indian tribe and the means by which such needs
will be addressed during the period, including—
(A) a description of the estimated housing needs and
the need for assistance for the low-income Indian
families in the jurisdiction, including a description of the
manner in which the geographical distribution of assistance
is consistent with the geographical needs and needs for
various categories of housing assistance; and
(B) a description of the estimated housing needs for
all Indian families in the jurisdiction.
(3) FINANCIAL RESOURCES.—An operating budget for the
recipient, in a form prescribed by the Secretary, that includes—
(A) an identification and a description of the financial
resources reasonably available to the recipient to carry
out the purposes of this Act, including an explanation
of the manner in which amounts made available will lever-
age additional resources; and
(B) the uses to which such resources will be committed,
including eligible and required affordable housing activities
under title II and administrative expenses.
(4) AFFORDABLE HOUSING RESOURCES.—A statement of the
affordable housing resources currently available and to be made
available during the period, including—
(A) a description of the significant characteristics of
the housing market in the jurisdiction, including the avail-
ability of housing from other public sources, private market
housing, and the manner in which such characteristics
influence the decision of the recipient to use grant amounts
to be provided under this Act for rental assistance,
production of new units, acquisition of existing units, or
rehabilitation of units;
(B) a description of the structure, coordination, and
means of cooperation between the recipient and any other
governmental entities in the development, submission, or
implementation of housing plans, including a description
of the involvement of private, public, and nonprofit
organizations and institutions, and the use of loan
guarantees under section 184 of the Housing and Commu-
nity Development Act of 1992, and other housing assistance
H. R. 3219—10
provided by the Federal Government for Indian tribes,
including loans, grants, and mortgage insurance;
(C) a description of the manner in which the plan
will address the needs identified pursuant to paragraph
(2);
(D) a description of the manner in which the recipient
will protect and maintain the viability of housing owned
and operated by the recipient that was developed under
a contract between the Secretary and an Indian housing
authority pursuant to the United States Housing Act of
1937;
(E) a description of any existing and anticipated
homeownership programs and rental programs to be carried
out during the period, and the requirements and assistance
available under such programs;
(F) a description of any existing and anticipated
housing rehabilitation programs necessary to ensure the
long-term viability of the housing to be carried out during
the period, and the requirements and assistance available
under such programs;
(G) a description of all other existing or anticipated
housing assistance provided by the recipient during the
period, including transitional housing, homeless housing,
college housing, supportive services housing, and the
requirements and assistance available under such pro-
grams;
(H) a description of any housing to be demolished
or disposed of, a timetable for such demolition or disposi-
tion, and any other information required by the Secretary
with respect to such demolition or disposition;
(I) a description of the manner in which the recipient
will coordinate with tribal and State welfare agencies to
ensure that residents of such housing will be provided
with access to resources to assist in obtaining employment
and achieving self-sufficiency;
(J) a description of the requirements established by
the recipient to promote the safety of residents of such
housing, facilitate the undertaking of crime prevention
measures, allow resident input and involvement, including
the establishment of resident organizations, and allow for
the coordination of crime prevention activities between the
recipient and tribal and local law enforcement officials;
and
(K) a description of the entity that will carry out the
activities under the plan, including the organizational
capacity and key personnel of the entity.
(5) CERTIFICATION
OF
COMPLIANCE.—Evidence of compli-
ance which shall include, as appropriate—
(A) a certification that the recipient will comply with
title II of the Civil Rights Act of 1968 in carrying out
this Act, to the extent that such title is applicable, and
other applicable Federal statutes;
(B) a certification that the recipient will maintain ade-
quate insurance coverage for housing units that are owned
and operated or assisted with grant amounts provided
under this Act, in compliance with such requirements as
may be established by the Secretary;
H. R. 3219—11
(C) a certification that policies are in effect and are
available for review by the Secretary and the public govern-
ing the eligibility, admission, and occupancy of families
for housing assisted with grant amounts provided under
this Act;
(D) a certification that policies are in effect and are
available for review by the Secretary and the public govern-
ing rents charged, including the methods by which such
rents or homebuyer payments are determined, for housing
assisted with grant amounts provided under this Act; and
(E) a certification that policies are in effect and are
available for review by the Secretary and the public govern-
ing the management and maintenance of housing assisted
with grant amounts provided under this Act.
(d) 
PARTICIPATION
OF
TRIBALLY
DESIGNATED
HOUSING
ENTITY.—A plan under this section for an Indian tribe may be
prepared and submitted on behalf of the tribe by the tribally des-
ignated housing entity for the tribe, but only if such plan contains
a certification by the recognized tribal government of the grant
beneficiary that such tribe—
(1) has had an opportunity to review the plan and has
authorized the submission of the plan by the housing entity;
or
(2) has delegated to such tribally designated housing entity
the authority to submit a plan on behalf of the tribe without
prior review by the tribe.
(e) COORDINATION OF PLANS.—A plan under this section may
cover more than 1 Indian tribe, but only if the certification require-
ments under subsection (d) are complied with by each such grant
beneficiary covered.
(f) PLANS FOR SMALL TRIBES.—
(1) SEPARATE REQUIREMENTS.—The Secretary may—
(A) establish requirements for submission of plans
under this section and the information to be included in
such plans applicable to small Indian tribes and small
tribally designated housing entities; and
(B) waive any requirements under this section that
the Secretary determines are burdensome or unnecessary
for such tribes and housing entities.
(2) SMALL TRIBES.—The Secretary may define small Indian
tribes and small tribally designated housing entities based on
the number of dwelling units assisted under this title by the
tribe or housing entity or owned or operated pursuant to a
contract under the United States Housing Act of 1937 between
the Secretary and the Indian housing authority for the tribe.
(g) REGULATIONS.—The requirements relating to the contents
of plans under this section shall be established by regulation, pursu-
ant to section 106.
SEC. 103. REVIEW OF PLANS.
(a) REVIEW AND NOTICE.—
(1) REVIEW.—The Secretary shall conduct a limited review
of each Indian housing plan submitted to the Secretary to
ensure that the plan complies with the requirements of section
102. The Secretary shall have the discretion to review a plan
only to the extent that the Secretary considers review is
necessary.
H. R. 3219—12
(2) NOTICE.—The Secretary shall notify each Indian tribe
for which a plan is submitted and any tribally designated
housing entity for the tribe whether the plan complies with
such requirements not later than 60 days after receiving the
plan. If the Secretary does not notify the Indian tribe, as
required under this subsection and subsection (b), the plan
shall be considered, for purposes of this Act, to have been
determined to comply with the requirements under section
102 and the tribe shall be considered to have been notified
of compliance upon the expiration of such 60-day period.
(b) NOTICE OF REASONS FOR DETERMINATION OF NONCOMPLI-
ANCE.—If the Secretary determines that a plan, as submitted, does
not comply with the requirements under section 102, the Secretary
shall specify in the notice under subsection (a) the reasons for
the noncompliance and any modifications necessary for the plan
to meet the requirements under section 102.
(c) REVIEW.—After submission of the Indian housing plan or
any amendment or modification to the plan to the Secretary, to
the extent that the Secretary considers such action to be necessary
to make determinations under this subsection, the Secretary shall
review the plan (including any amendments or modifications there-
to) to determine whether the contents of the plan—
(1) set forth the information required by section 102 to
be contained in an Indian housing plan;
(2) are consistent with information and data available to
the Secretary; and
(3) are prohibited by or inconsistent with any provision
of this Act or other applicable law.
If the Secretary determines that any of the appropriate certifications
required under section 102(c)(5) are not included in the plan, the
plan shall be deemed to be incomplete.
(d) UPDATES TO PLAN.—After a plan under section 102 has
been submitted for an Indian tribe for any fiscal year, the tribe
may comply with the provisions of such section for any succeeding
fiscal year (with respect to information included for the 5-year
period under section 102(b) or the 1-year period under section
102(c)) by submitting only such information regarding such changes
as may be necessary to update the plan previously submitted.
Not less than once every 5 years, the tribe shall submit a complete
plan.
(e) EFFECTIVE DATE.—This section and section 102 shall take
effect on the date provided by the Secretary pursuant to section
106(a) to provide for timely submission and review of Indian housing
plans as necessary for the provision of assistance under this Act
in fiscal year 1998.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
(a) PROGRAM INCOME.—
(1) AUTHORITY
TO
RETAIN.—A recipient may retain any
program income that is realized from any grant amounts under
this Act if—
(A) such income was realized after the initial disburse-
ment of the grant amounts received by the recipient; and
(B) the recipient has agreed that it will utilize the
program income for affordable housing activities in accord-
ance with the provisions of this Act.
H. R. 3219—13
(2) PROHIBITION OF REDUCTION OF GRANT.—The Secretary
may not reduce the grant amount for any Indian tribe based
solely on—
(A) whether the recipient for the tribe retains program
income under paragraph (1);
(B) the amount of any such program income
retained; or
(C) whether the recipient retains reserve amounts
described in section 210.
(3) EXCLUSION
OF
AMOUNTS.—The Secretary may, by
regulation, exclude from consideration as program income any
amounts determined to be so small that compliance with the
requirements of this subsection would create an unreasonable
administrative burden on the recipient.
(b) LABOR STANDARDS.—
(1) IN GENERAL.—Any contract or agreement for assistance,
sale, or lease pursuant to this Act shall contain a provision
requiring that not less than the wages prevailing in the locality,
as determined or adopted (subsequent to a determination under
applicable State, tribal, or local law) by the Secretary, shall
be paid to all architects, technical engineers, draftsmen, and
technicians employed in the development, and all maintenance
laborers and mechanics employed in the operation, of the afford-
able housing project involved; and shall also contain a provision
that not less than the wages prevailing in the locality, as
predetermined by the Secretary of Labor pursuant to the Davis-
Bacon Act (40 U.S.C. 276a–276a–5), shall be paid to all laborers
and mechanics employed in the development of the affordable
housing involved, and the Secretary shall require certification
as to compliance with the provisions of this paragraph before
making any payment under such contract or agreement.
(2) EXCEPTIONS.—Paragraph (1) and the provisions relating
to wages (pursuant to paragraph (1)) in any contract or agree-
ment for assistance, sale, or lease pursuant to this Act, shall
not apply to any individual who receives no compensation or
is paid expenses, reasonable benefits, or a nominal fee to
perform the services for which the individual volunteered and
who is not otherwise employed at any time in the construction
work.
SEC. 105. ENVIRONMENTAL REVIEW.
(a) IN GENERAL.—
(1) RELEASE OF FUNDS.—In order to ensure that the policies
of the National Environmental Policy Act of 1969 and other
provisions of law that further the purposes of such Act (as
specified in regulations issued by the Secretary) are most effec-
tively implemented in connection with the expenditure of grant
amounts provided under this Act, and to ensure to the public
undiminished protection of the environment, the Secretary, in
lieu of the environmental protection procedures otherwise
applicable, may by regulation provide for the release of amounts
for particular projects to tribes which assume all of the respon-
sibilities for environmental review, decisionmaking, and action
pursuant to such Act, and such other provisions of law as
the regulations of the Secretary specify, that would apply to
the Secretary were the Secretary to undertake such projects
as Federal projects.
H. R. 3219—14
(2) REGULATIONS.—
(A) IN GENERAL.—The Secretary shall issue regulations
to carry out this section only after consultation with the
Council on Environmental Quality.
(B) CONTENTS.—The regulations issued under this
paragraph shall—
(i) provide for the monitoring of the environmental
reviews performed under this section;
(ii) in the discretion of the Secretary, facilitate
training for the performance of such reviews; and
(iii) provide for the suspension or termination of
the assumption of responsibilities under this section.
(3) EFFECT ON ASSUMED RESPONSIBILITY.—The duty of the
Secretary under paragraph (2)(B) shall not be construed to
limit or reduce any responsibility assumed by a recipient of
grant amounts with respect to any particular release of funds.
(b) PROCEDURE.—The Secretary shall approve the release of
funds subject to the procedures authorized by this section only
if, not less than 15 days prior to such approval and prior to any
commitment of funds to such projects, the tribe has submitted
to the Secretary a request for such release accompanied by a certifi-
cation that meets the requirements of subsection (c). The approval
of the Secretary of any such certification shall be deemed to satisfy
the responsibilities of the Secretary under the National Environ-
mental Policy Act of 1969 and such other provisions of law as
the regulations of the Secretary specify insofar as those responsibil-
ities relate to the releases of funds for projects to be carried out
pursuant thereto that are covered by such certification.
(c) CERTIFICATION.—A certification under the procedures
authorized by this section shall—
(1) be in a form acceptable to the Secretary;
(2) be executed by the chief executive officer or other officer
of the tribe under this Act qualified under regulations of the
Secretary;
(3) specify that the tribe has fully carried out its respon-
sibilities as described under subsection (a); and
(4) specify that the certifying officer—
(A) consents to assume the status of a responsible
Federal official under the National Environmental Policy
Act of 1969 and each provision of law specified in regula-
tions issued by the Secretary insofar as the provisions
of such Act or such other provisions of law apply pursuant
to subsection (a); and
(B) is authorized and consents on behalf of the tribe
and such officer to accept the jurisdiction of the Federal
courts for the purpose of enforcement of the responsibilities
of the certifying officer as such an official.
SEC. 106. REGULATIONS.
(a) TRANSITION REQUIREMENTS.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall, by notice
issued in the Federal Register, establish any requirements
necessary to provide for the transition (upon the effectiveness
of this Act and the amendments made by this Act) from the
provision of assistance for Indian tribes and Indian housing
authorities under the United States Housing Act of 1937 and
H. R. 3219—15
other related provisions of law to the provision of assistance
in accordance with this Act and the amendments made by
this Act.
(2) PUBLIC
COMMENTS; GENERAL
NOTICE
OF
PROPOSED
RULEMAKING.—The notice issued under paragraph (1) shall—
(A) invite public comments regarding such transition
requirements and final regulations to carry out this Act;
and
(B) include a general notice of proposed rulemaking
(for purposes of section 564(a) of title 5, United States
Code) of the final regulations under subsection (b).
(b) FINAL REGULATIONS.—
(1) TIMING.—The Secretary shall issue final regulations
necessary to carry out this Act not later than September 1,
1997, and such regulations shall take effect not later than
the effective date of this Act.
(2) NEGOTIATED RULEMAKING PROCEDURE.—
(A) IN GENERAL.—Notwithstanding sections 563(a) and
565(a) of title 5, United States Code, all regulations
required under this Act shall be issued according to a
negotiated rulemaking procedure under subchapter III of
chapter 5 of title 5, United States Code.
(B) COMMITTEE.—
(i) IN GENERAL.—The Secretary shall establish a
negotiated rulemaking committee, in accordance with
the procedures under that subchapter, for the develop-
ment of proposed regulations under subparagraph (A).
(ii) ADAPTATION.—In establishing the negotiated
rulemaking committee, the Secretary shall—
(I) adapt the procedures under the subchapter
described in clause (i) to the unique government-
to-government relationship between the Indian
tribes and the United States, and shall ensure
that the membership of the committee include only
representatives of the Federal Government and
of geographically diverse small, medium, and large
Indian tribes; and
(II) shall not preclude the participation of
tribally designated housing entities should tribes
elect to be represented by such entities.
(c) EFFECTIVE DATE.—This section shall take effect on the date
of the enactment of this Act.
SEC. 107. EFFECTIVE DATE.
Except as otherwise expressly provided in this Act, this Act
and the amendments made by this Act shall take effect on October
1, 1997.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under this
title such sums as may be necessary for each of fiscal years 1998,
1999, 2000, and 2001. This section shall take effect on the date
of the enactment of this Act.
H. R. 3219—16
TITLE II—AFFORDABLE HOUSING
ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
(a) PRIMARY OBJECTIVE.—The national objectives of this Act
are—
(1) to assist and promote affordable housing activities to
develop, maintain, and operate affordable housing in safe and
healthy environments on Indian reservations and in other
Indian areas for occupancy by low-income Indian families;
(2) to ensure better access to private mortgage markets
for Indian tribes and their members and to promote self-
sufficiency of Indian tribes and their members;
(3) to coordinate activities to provide housing for Indian
tribes and their members with Federal, State, and local activi-
ties to further economic and community development for Indian
tribes and their members;
(4) to plan for and integrate infrastructure resources for
Indian tribes with housing development for tribes; and
(5) to promote the development of private capital markets
in Indian country and to allow such markets to operate and
grow, thereby benefiting Indian communities.
(b) ELIGIBLE FAMILIES.—
(1) IN GENERAL.—Except as provided under paragraph (2),
assistance under eligible housing activities under this Act shall
be limited to low-income Indian families on Indian reservations
and other Indian areas.
(2) EXCEPTION TO LOW-INCOME REQUIREMENT.—A recipient
may provide assistance for homeownership activities under
section 202(2), model activities under section 202(6), or loan
guarantee activities under title VI to Indian families who are
not low-income families, to the extent that the Secretary
approves the activities pursuant to such section or title because
there is a need for housing for such families that cannot reason-
ably be met without such assistance. The Secretary shall
establish limits on the amount of assistance that may be pro-
vided under this Act for activities for families who are not
low-income families.
(3) NON-INDIAN FAMILIES.—Notwithstanding paragraph (1),
a recipient may provide housing or housing assistance provided
through affordable housing activities assisted with grant
amounts under this Act for a non-Indian family on an Indian
reservation or other Indian area if the recipient determines
that the presence of the family on the Indian reservation or
other Indian area is essential to the well-being of Indian fami-
lies and the need for housing for the family cannot reasonably
be met without such assistance.
(4) PREFERENCE FOR TRIBAL MEMBERS AND OTHER INDIAN
FAMILIES.—The Indian housing plan for an Indian tribe may
require preference, for housing or housing assistance provided
through affordable housing activities assisted with grant
amounts provided under this Act on behalf of such tribe, to
be given (to the extent practicable) to Indian families who
are members of such tribe, or to other Indian families. In
any case in which the applicable Indian housing plan for an
Indian tribe provides for preference under this paragraph, the
H. R. 3219—17
recipient for the tribe shall ensure that housing activities that
are assisted with grant amounts under this Act for such tribe
are subject to such preference.
(5) EXEMPTION.—Title VI of the Civil Rights Act of 1964
and title VIII of the Civil Rights Act of 1968 shall not apply
to actions by Indian tribes under this subsection.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Affordable housing activities under this title are activities, in
accordance with the requirements of this title, to develop or to
support affordable housing for rental or homeownership, or
to provide housing services with respect to affordable housing,
through the following activities:
(1) 
INDIAN
HOUSING
ASSISTANCE.—The 
provision 
of
modernization or operating assistance for housing previously
developed or operated pursuant to a contract between the Sec-
retary and an Indian housing authority.
(2) DEVELOPMENT.—The acquisition, new construction,
reconstruction, or moderate or substantial rehabilitation of
affordable housing, which may include real property acquisition,
site improvement, development of utilities and utility services,
conversion, demolition, financing, administration and planning,
and other related activities.
(3) HOUSING SERVICES.—The provision of housing-related
services for affordable housing, such as housing counseling
in connection with rental or homeownership assistance,
establishment and support of resident organizations and resi-
dent management corporations, energy auditing, activities
related to the provision of self-sufficiency and other services,
and other services related to assisting owners, tenants, contrac-
tors, and other entities, participating or seeking to participate
in other housing activities assisted pursuant to this section.
(4) HOUSING
MANAGEMENT
SERVICES.—The provision of
management services for affordable housing, including prepara-
tion of work specifications, loan processing, inspections, tenant
selection, management of tenant-based rental assistance, and
management of affordable housing projects.
(5) CRIME PREVENTION AND SAFETY ACTIVITIES.—The provi-
sion of safety, security, and law enforcement measures and
activities appropriate to protect residents of affordable housing
from crime.
(6) MODEL
ACTIVITIES.—Housing activities under model
programs that are designed to carry out the purposes of this
Act and are specifically approved by the Secretary as appro-
priate for such purpose.
SEC. 203. PROGRAM REQUIREMENTS.
(a) RENTS.—
(1) ESTABLISHMENT.—Subject to paragraph (2), each
recipient shall develop written policies governing rents and
homebuyer payments charged for dwelling units assisted under
this Act, including the methods by which such rents and home-
buyer payments are determined.
(2) MAXIMUM RENT.—In the case of any low-income family
residing in a dwelling unit assisted with grant amounts under
this Act, the monthly rent or homebuyer payment (as
H. R. 3219—18
applicable) for such dwelling unit may not exceed 30 percent
of the monthly adjusted income of such family.
(b) MAINTENANCE AND EFFICIENT OPERATION.—Each recipient
who owns or operates (or is responsible for funding any entity
that owns or operates) 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, using
amounts of any grants received under this Act, reserve and use
for operating assistance under section 202(1) such amounts as may
be necessary to provide for the continued maintenance and efficient
operation of such housing. This subsection may not be construed
to prevent any recipient (or entity funded by a recipient) from
demolishing or disposing of Indian housing referred to in this sub-
section, pursuant to regulations established by the Secretary.
(c) INSURANCE
COVERAGE.—Each recipient shall maintain
adequate insurance coverage for housing units that are owned
or operated or assisted with grant amounts provided under this
Act.
(d) ELIGIBILITY FOR ADMISSION.—Each recipient shall develop
written policies governing the eligibility, admission, and occupancy
of families for housing assisted with grant amounts provided under
this Act.
(e) MANAGEMENT
AND MAINTENANCE.—Each recipient shall
develop policies governing the management and maintenance of
housing assisted with grant amounts under this Act.
SEC. 204. TYPES OF INVESTMENTS.
(a) IN GENERAL.—Subject to section 203 and the Indian housing
plan for an Indian tribe, the recipient for that tribe shall have—
(1) the discretion to use grant amounts for affordable hous-
ing activities through equity investments, interest-bearing loans
or advances, noninterest-bearing loans or advances, interest
subsidies, leveraging of private investments, or any other form
of assistance that the Secretary has determined to be consistent
with the purposes of this Act; and
(2) the right to establish the terms of assistance.
(b) INVESTMENTS.—A recipient may invest grant amounts for
the purposes of carrying out affordable housing activities in invest-
ment securities and other obligations as approved by the Secretary.
SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
(a) IN GENERAL.—Housing shall qualify as affordable housing
for purposes of this Act only if—
(1) each dwelling unit in the housing—
(A) in the case of rental housing, is made available
for occupancy only by a family that is a low-income family
at the time of their initial occupancy of such unit; and
(B) in the case of housing for homeownership, is made
available for purchase only by a family that is a low-
income family at the time of purchase; and
(2) except for housing assisted under section 202 of the
United States Housing Act of 1937 (as in effect before the
date of the effectiveness of this Act), each dwelling unit in
the housing will remain affordable, according to binding
commitments satisfactory to the Secretary, for the remaining
useful life of the property (as determined by the Secretary)
without regard to the term of the mortgage or to transfer
of ownership, or for such other period that the Secretary
H. R. 3219—19
determines is the longest feasible period of time consistent
with sound economics and the purposes of this Act, except
upon a foreclosure by a lender (or upon other transfer in lieu
of foreclosure) if such action—
(A) recognizes any contractual or legal rights of public
agencies, nonprofit sponsors, or others to take actions that
would avoid termination of low-income affordability in the
case of foreclosure or transfer in lieu of foreclosure; and
(B) is not for the purpose of avoiding low-income afford-
ability restrictions, as determined by the Secretary.
(b) 
EXCEPTION.—Notwithstanding 
subsection 
(a), 
housing
assisted pursuant to section 201(b)(2) shall be considered affordable
housing for purposes of this Act.
SEC. 206. CERTIFICATION OF COMPLIANCE WITH SUBSIDY LAYERING
REQUIREMENTS.
With respect to housing assisted with grant amounts provided
under this Act, the requirements of section 102(d) of the Department
of Housing and Urban Development Reform Act of 1989 shall be
considered to be satisfied upon certification by the Secretary that
the combination of Federal assistance provided to any housing
project is not any more than is necessary to provide affordable
housing.
SEC. 207. LEASE REQUIREMENTS AND TENANT SELECTION.
(a) LEASES.—Except to the extent otherwise provided by or
inconsistent with tribal law, in renting dwelling units in affordable
housing assisted with grant amounts provided under this Act, the
owner or manager of the housing shall utilize leases that—
(1) do not contain unreasonable terms and conditions;
(2) require the owner or manager to maintain the housing
in compliance with applicable housing codes and quality stand-
ards;
(3) require the owner or manager to give adequate written
notice of termination of the lease, which shall be the period
of time required under State, tribal, or local law;
(4) specify that, with respect to any notice of eviction or
termination, notwithstanding any State, tribal, or local law,
a resident shall be informed of the opportunity, prior to any
hearing or trial, to examine any relevant documents, records,
or regulations directly related to the eviction or termination;
(5) require that the owner or manager may not terminate
the tenancy, during the term of the lease, except for serious
or repeated violation of the terms or conditions of the lease,
violation of applicable Federal, State, tribal, or local law, or
for other good cause; and
(6) provide that the owner or manager may terminate
the tenancy of a resident for any activity, engaged in by the
resident, any member of the household of the resident, or
any guest or other person under the control of the resident,
that—
(A) threatens the health or safety of, or right to
peaceful enjoyment of the premises by, other residents
or employees of the owner or manager of the housing;
(B) threatens the health or safety of, or right to peace-
ful enjoyment of their premises by, persons residing in
the immediate vicinity of the premises; or
H. R. 3219—20
(C) is criminal activity (including drug-related criminal
activity) on or off the premises.
(b) TENANT SELECTION.—The owner or manager of affordable
rental housing assisted with grant amounts provided under this
Act shall adopt and utilize written tenant selection policies and
criteria that—
(1) are consistent with the purpose of providing housing
for low-income families;
(2) are reasonably related to program eligibility and the
ability of the applicant to perform the obligations of the lease;
and
(3) provide for—
(A) the selection of tenants from a written waiting
list in accordance with the policies and goals set forth
in the Indian housing plan for the tribe that is the grant
beneficiary of such grant amounts; and
(B) the prompt notification in writing of any rejected
applicant of the grounds for any rejection.
SEC. 208. AVAILABILITY OF RECORDS.
(a) PROVISION OF INFORMATION.—Notwithstanding any other
provision of law, except as provided in paragraph (2), the National
Crime Information Center, police departments, and other law
enforcement agencies shall, upon request, provide information to
Indian tribes or tribally designated housing entities regarding the
criminal conviction records of adult applicants for, or tenants of,
housing assisted with grant amounts provided to such tribe or
entity under this Act for purposes of applicant screening, lease
enforcement, and eviction.
(b) EXCEPTION.—A law enforcement agency described in para-
graph (1) shall provide information under this paragraph relating
to any criminal conviction of a juvenile only to the extent that
the release of such information is authorized under the law of
the applicable State, tribe, or locality.
(c) CONFIDENTIALITY.—An Indian tribe or tribally designated
housing entity receiving information under this section may use
such information only for the purposes provided in this section
and such information may not be disclosed to any person who
is not an officer, employee, or authorized representative of the
tribe or entity or the owner of housing assisted under this Act,
and who has a job-related need to have access to the information
for the purposes under this section. For judicial eviction proceedings,
disclosures may be made to the extent necessary. The Secretary
shall, by regulation, establish procedures necessary to ensure that
information provided under this section to any tribe or entity is
used, and confidentiality is maintained, as required under this
section.
SEC. 209. REPAYMENT.
If a recipient uses grant amounts to provide affordable housing
under activities under this title and, at any time during the useful
life of the housing the housing does not comply with the requirement
under section 205(2), the Secretary shall reduce future grant pay-
ments on behalf of the grant beneficiary by an amount equal to
the grant amounts used for such housing (under the authority
under section 401(a)(2)) or require repayment to the Secretary
of an amount equal to such grant amounts.
H. R. 3219—30
(B) in subsection (h), by striking ‘‘or Indian housing
authority’’; and
(C) in subsection (j)(1), by striking ‘‘, Indian housing
authority’’;
(9) in section 462—
(A) in paragraph (2), by striking ‘‘, Indian tribe,’’; and
(B) by striking paragraph (4); and
(10) in section 491(e), by striking ‘‘, Indian tribes (as such
term is defined in section 102(a) of the Housing and Community
Development Act of 1974),’’.
(b) INNOVATIVE HOMELESS DEMONSTRATION.—Section 2(b) of
the HUD Demonstration Act of 1993 (42 U.S.C. 11301 note) is
amended—
(1) in paragraph (3), by striking ‘‘ ‘unit of general local
government’, and ‘Indian tribe’ ’’ and inserting ‘‘and ‘unit of
general local government’ ’’; and
(2) in paragraph (4), by striking ‘‘unit of general local
government (including units in rural areas), or Indian tribe’’
and inserting ‘‘or unit of general local government’’.
(c) APPLICABILITY.—The amendments under subsections (a) and
(b) shall apply with respect to amounts made available for assist-
ance under title IV of the Stewart B. McKinney Homeless Assistance
Act and section 2 of the HUD Demonstration Act of 1993, respec-
tively, for fiscal year 1998 and fiscal years thereafter.
SEC. 507. SAVINGS PROVISION.
(a) EXISTING RIGHTS
AND DUTIES.—Except as provided in
sections 502 and 503, this Act may not be construed to affect
the validity of any right, duty, or obligation of the United States
or other person arising under or pursuant to any commitment
or agreement lawfully entered into before October 1, 1997, under
the United States Housing Act of 1937, subtitle D of title IV
of the Cranston-Gonzalez National Affordable Housing Act, title
II of the Cranston-Gonzalez National Affordable Housing Act, title
IV of the Stewart B. McKinney Homeless Assistance Act, or section
2 of the HUD Demonstration Act of 1993.
(b) OBLIGATIONS UNDER REPEALED PROVISIONS.—Notwithstand-
ing the amendments made by this title, any obligation of the
Secretary made under or pursuant to subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, title II
of the Cranston-Gonzalez National Affordable Housing Act, title
IV of the Stewart B. McKinney Homeless Assistance Act, or section
2 of the HUD Demonstration Act of 1993 shall continue to be
governed by the provisions of such Acts (as in effect before the
date of the effectiveness of the amendments made by this title).
SEC. 508. EFFECTIVE DATE.
Sections 502, 503, and 507 shall take effect on the date of
the enactment of this Act.