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115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
2d Session } { 115-591
======================================================================
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2017
_______
March 8, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hensarling, from the Committee on Financial Services, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3864]
[Including cost estimate of the Congressional Budget Office]
The Committee on Financial Services, to whom was referred
the bill (H.R. 3864) to reauthorize the Native American Housing
Assistance and Self-Determination Act of 1996, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Reauthorization Act of
2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Recommendations regarding exceptions to annual Indian housing
plan requirement.
Sec. 103. Environmental review.
Sec. 104. Deadline for action on request for approval regarding
exceeding TDC maximum cost for project.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Program requirements.
Sec. 203. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 204. Lease requirements and tenant selection.
Sec. 205. Tribal coordination of agency funding.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Authorization of appropriations.
Sec. 302. Effect of undisbursed block grant amounts on annual
allocations.
TITLE IV--AUDITS AND REPORTS
Sec. 401. Review and audit by Secretary.
Sec. 402. Reports to Congress.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 501. HUD-Veterans Affairs supportive housing program for Native
American veterans.
Sec. 502. Loan guarantees for Indian housing.
TITLE VI--MISCELLANEOUS
Sec. 601. Lands Title Report Commission.
Sec. 602. Leasehold interest in trust or restricted lands for housing
purposes.
Sec. 603. Clerical amendment.
TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
Sec. 701. Demonstration program.
Sec. 702. Clerical amendments.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
Section 101 (25 U.S.C. 4111) is amended--
(1) in subsection (c), by adding after the period at the end
the following: ``The Secretary shall act upon a waiver request
submitted under this subsection by a recipient within 60 days
after receipt of such request.''; and
(2) in subsection (k), by striking ``1'' and inserting
``an''.
SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO ANNUAL INDIAN HOUSING
PLAN REQUIREMENT.
Not later than the expiration of the 120-day period beginning on the
date of the enactment of this Act and after consultation with Indian
tribes, tribally designated housing entities, and other interested
parties, the Secretary of Housing and Urban Development shall submit to
the Congress recommendations for standards and procedures for waiver
of, or alternative requirements (which may include multi-year housing
plans) for, the requirement under section 102(a) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4112(a)) for annual submission of one-year housing plans for an Indian
tribe. Such recommendations shall include a description of any
legislative and regulatory changes necessary to implement such
recommendations.
SEC. 103. ENVIRONMENTAL REVIEW.
Section 105 (25 U.S.C. 4115) is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall''; and
(B) by adding after and below paragraph (4) the
following:
``The Secretary shall act upon a waiver request submitted under this
subsection by a recipient within 60 days after receipt of such
request.''; and
(2) by adding at the end the following new subsection:
``(e) Consolidation of Environmental Review Requirements.--If a
recipient is using one or more sources of Federal funds in addition to
grant amounts under this Act in carrying out a project that qualifies
as an affordable housing activity under section 202, such other sources
of Federal funds do not exceed 49 percent of the total cost of the
project, and the recipient's tribe has assumed all of the
responsibilities for environmental review, decisionmaking, and action
pursuant to this section, the tribe's compliance with the review
requirements under this section and the National Environmental Policy
Act of 1969 with regard to such project shall be deemed to fully comply
with and discharge any applicable environmental review requirements
that might apply to Federal agencies with respect to the use of such
additional Federal funding sources for that project.''.
SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR APPROVAL REGARDING
EXCEEDING TDC MAXIMUM COST FOR PROJECT.
(a) Approval.--Section 103 (25 U.S.C. 4113) is amended by adding at
the end the following new subsection:
``(f) Deadline for Action on Request To Exceed TDC Maximum.--A
request for approval by the Secretary of Housing and Urban Development
to exceed by more than 10 percent the total development cost maximum
cost for a project shall be approved or denied during the 60-day period
that begins on the date that the Secretary receives the request.''.
(b) Definition.--Section 4 (25 U.S.C. 4103) is amended--
(1) by redesignating paragraph (22) as paragraph (23); and
(2) by inserting after paragraph (21) the following new
paragraph:
``(22) Total development cost.--The term `total development
cost' means, with respect to a housing project, the sum of all
costs for the project, including all undertakings necessary for
administration, planning, site acquisition, demolition,
construction or equipment and financing (including payment of
carrying charges), and for otherwise carrying out the
development of the project, excluding off-site water and sewer.
The total development cost amounts shall be based on a
moderately designed house and determined by averaging the
current construction costs as listed in not less than two
nationally recognized residential construction cost indices.''.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
The second paragraph (6) of section 201(b) (25 U.S.C. 4131(b)(6);
relating to exemption) is amended--
(1) by striking ``1964 and'' and inserting ``1964,''; and
(2) by inserting after ``1968'' the following: ``, and
section 3 of the Housing and Urban Development Act of 1968''.
SEC. 202. PROGRAM REQUIREMENTS.
Section 203(a) (25 U.S.C. 4133(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Application of tribal policies.--Paragraph (2) shall
not apply if the recipient has a written policy governing rents
and homebuyer payments charged for dwelling units and such
policy includes a provision governing maximum rents or
homebuyer payments.''.
SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND
INCOME TARGETING.
Section 205 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit, that the current
rental family can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
is made available for purchase only by the current
rental family, if the rental family was a low-income
family at the time of their initial occupancy of such
unit; and''; and
(2) in subsection (c), by adding after the period at the end
the following: ``The provisions of such paragraph regarding
binding commitments for the remaining useful life of the
property shall not apply to improvements of privately owned
homes if the cost of such improvements do not exceed 10 percent
of the maximum total development cost for such home.''.
SEC. 204. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 (25 U.S.C. 4137) is amended by adding at the end the
following new subsection:
``(c) Notice of Termination.--Notwithstanding any other provision of
law, the owner or manager of rental housing that is assisted in part
with amounts provided under this Act and in part with one or more other
sources of Federal funds shall only utilize leases that require a
notice period for the termination of the lease pursuant to subsection
(a)(3).''.
SEC. 205. TRIBAL COORDINATION OF AGENCY FUNDING.
(a) In General.--Subtitle A of title II (25 U.S.C. 4131 et seq.) is
amended by adding at the end the following new section:
``SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING.
``Notwithstanding any other provision of law, a recipient authorized
to receive funding under this Act may, in its discretion, use funding
from the Indian Health Service of the Department of Health and Human
Services for construction of sanitation facilities for housing
construction and renovation projects that are funded in part by funds
provided under this Act.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by inserting after the item relating to section 210 the
following new item:
``Sec. 211. Tribal coordination of agency funding.''.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
The first sentence of section 108 (25 U.S.C. 4117) is amended by
striking ``such sums as may be necessary for each of fiscal years 2009
through 2013'' and inserting ``$650,000,000 for each of fiscal years
2018 through 2022''.
SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT AMOUNTS ON ANNUAL
ALLOCATIONS.
(a) In General.--Title III (25 U.S.C. 4151 et seq.) is amended by
adding at the end the following new section:
``SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.
``(a) Notification of Obligated, Undisbursed Grant Amounts.--Subject
to subsection (d) of this section, if as of January 1, 2018, or any
year thereafter a recipient's total amount of undisbursed block grants
in the Department's line of credit control system is greater than three
times the formula allocation such recipient would otherwise receive
under this Act for the fiscal year during which such January 1 occurs,
the Secretary shall--
``(1) before January 31 of such year, notify the Indian tribe
allocated the grant amounts and any tribally designated housing
entity for the tribe of the undisbursed funds; and
``(2) require the recipient for the tribe to, not later than
30 days after the Secretary provides notification pursuant to
paragraph (1)--
``(A) notify the Secretary in writing of the reasons
why the recipient has not requested the disbursement of
such amounts; and
``(B) demonstrate to the satisfaction of the
Secretary that the recipient has the capacity to spend
Federal funds in an effective manner, which
demonstration may include evidence of the timely
expenditure of amounts previously distributed under
this Act to the recipient.
``(b) Allocation Amount.--Notwithstanding sections 301 and 302, the
allocation for such fiscal year for a recipient described in subsection
(a) shall be the amount initially calculated according to the formula
minus the difference between the recipient's total amount of
undisbursed block grants in the Department's line of credit control
system on such January 1 and three times the initial formula amount for
such fiscal year.
``(c) Reallocation.--Notwithstanding any other provision of law, any
grant amounts not allocated to a recipient pursuant to subsection (b)
shall be allocated under the need component of the formula
proportionately amount all other Indian tribes not subject to such an
adjustment.
``(d) Inapplicability.--Subsections (a) and (b) shall not apply to an
Indian tribe with respect to any fiscal year for which the amount
allocated for the tribe for block grants under this Act is less than
$5,000,000.
``(e) Effectiveness.--This section shall not require the issuance of
any regulation to take effect and shall not be construed to confer
hearing rights under this or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by inserting after the item relating to section 302 the
following new item:
``Sec. 303. Effect of undisbursed grant amounts on annual
allocations.''.
TITLE IV--AUDITS AND REPORTS
SEC. 401. REVIEW AND AUDIT BY SECRETARY.
Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at the end
the following new paragraph:
``(3) Issuance of final report.--The Secretary shall issue a
final report within 60 days after receiving comments under
paragraph (1) from a recipient.''.
SEC. 402. REPORTS TO CONGRESS.
Section 407 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and inserting
``Committee on Financial Services and the Committee on Natural
Resources of the House of Representatives, to the Committee on
Indian Affairs and the Committee on Banking, Housing, and Urban
Affairs of the Senate, and to any subcommittees of such
committees having jurisdiction with respect to Native American
and Alaska Native affairs,''; and
(2) by adding at the end the following new subsection:
``(c) Public Availability to Recipients.--Each report submitted
pursuant to subsection (a) shall be made publicly available to
recipients.''.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE
AMERICAN VETERANS.
Paragraph (19) of section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following new subparagraph:
``(D) Native american veterans.--
``(i) Authority.--Of the funds made available
for rental assistance under this paragraph for
fiscal year 2018 and each fiscal year
thereafter, the Secretary shall set aside 5
percent for a supported housing and rental
assistance program modeled on the HUD-Veterans
Affairs Supportive Housing (HUD-VASH) program,
to be administered in conjunction with the
Department of Veterans Affairs, for the benefit
of homeless Native American veterans and
veterans at risk of homelessness.
``(ii) Recipients.--Such rental assistance
shall be made available to recipients eligible
to receive block grants under the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.).
``(iii) Funding criteria.--Funds shall be
awarded based on need, administrative capacity,
and any other funding criteria established by
the Secretary in a notice published in the
Federal Register, after consultation with the
Secretary of Veterans Affairs, by a date
sufficient to provide for implementation of the
program under this subparagraph in accordance
with clause (i).
``(iv) Program requirements.--
``(I) Administration.--Such funds
shall be administered by block grant
recipients in accordance with program
requirements under the Native American
Housing Assistance and Self-
Determination Act of 1996 in lieu of
program requirements under this Act.
``(II) Available housing.--Rental
assistance made available under this
subparagraph may be used for dwelling
units owned, operated, or assisted with
by a recipient of a block grant under
this Act or a tribally designated
housing entity.
``(v) Waiver.--The Secretary may waive, or
specify alternative requirements for any
provision of any statute or regulation that the
Secretary administers in connection with the
use of funds made available under this
subparagraph, but only upon a finding by the
Secretary that such waiver or alternative
requirement is necessary to promote
administrative efficiency, eliminate delay,
consolidate or eliminate duplicative or
ineffective requirements or criteria, or
otherwise provide for the effective delivery
and administration of such supportive housing
assistance to Native American veterans.
``(vi) Consultation.--The Secretary and the
Secretary of Veterans Affairs shall jointly
consult with block grant recipients and any
other appropriate tribal organizations to--
``(I) ensure that block grant
recipients administering funds made
available under the program under this
subparagraph are able to effectively
coordinate with providers of supportive
services provided in connection with
such program; and
``(II) ensure the effective delivery
of supportive services to Native
American veterans that are homeless or
at risk of homelessness eligible to
receive assistance under this
subparagraph.
Consultation pursuant to this clause shall be
completed by a date sufficient to provide for
implementation of the program under this
subparagraph in accordance with clause (i).
``(vii) Notice.--The Secretary shall
establish the requirements and criteria for the
supported housing and rental assistance program
under this subparagraph by notice published in
the Federal Register, but shall provide Indian
tribes and tribally designated housing agencies
an opportunity for comment and consultation
before publication of a final notice pursuant
to this clause.''.
SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING.
Section 184(i)(5) of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the period at the
end of the first sentence the following: ``There are authorized
to be appropriated for such costs $12,200,000 for each of
fiscal years 2018 through 2022.''; and
(2) in subparagraph (C)--
(A) by striking ``2008 through 2012'' and inserting
``2018 through 2022''; and
(B) by striking ``such amount as may be provided in
appropriation Acts for'' and inserting ``$976,000,000
for each''.
TITLE VI--MISCELLANEOUS
SEC. 601. LANDS TITLE REPORT COMMISSION.
Section 501 of the American Homeownership and Economic Opportunity
Act of 2000 (25 U.S.C. 4043 note) is amended--
(1) in subsection (a), by striking ``Subject to sums being
provided in advance in appropriations Acts, there'' and
inserting ``There''; and
(2) in subsection (b)(1) by striking ``this Act'' and
inserting ``the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2017''.
SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING
PURPOSES.
Section 702 (25 U.S.C. 4211) is amended--
(1) in subsection (c)(1), by inserting ``, whether enacted
before, on, or after the date of the enactment of this
section'' after ``law''; and
(2) by striking ``50 years'' each place such term appears and
inserting ``99 years''.
SEC. 603. CLERICAL AMENDMENT.
The table of contents in section 1(b) is amended by striking the item
relating to section 206 (treatment of funds).
TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
SEC. 701. DEMONSTRATION PROGRAM.
The Act (25 U.S.C. 4101 et seq.) is amended by adding at the end the
following new title:
``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
``SEC. 901. AUTHORITY.
``(a) In General.--In addition to any other authority provided in
this Act for the construction, development, maintenance, and operation
of housing for Indian families, the Secretary shall provide the
participating tribes having final plans approved pursuant to section
905 with the authority to exercise the activities provided under this
title and such plan for the acquisition and development of housing to
meet the needs of tribal members.
``(b) Inapplicability of NAHASDA Provisions.--Except as specifically
provided otherwise in this title, titles I through IV, VI, and VII
shall not apply to a participating tribe's use of funds during any
period that the tribe is participating in the demonstration program
under this title.
``(c) Continued Applicability of Certain NAHASDA Provisions.--The
following provisions of titles I through VIII shall apply to the
demonstration program under this title and amounts made available under
the demonstration program under this title:
``(1) Subsections (d) and (e) of section 101 (relating to tax
exemption).
``(2) Section 101(j) (relating to Federal supply sources).
``(3) Section 101(k) (relating to tribal preference in
employment and contracting).
``(4) Section 104 (relating to treatment of program income
and labor standards).
``(5) Section 105 (relating to environmental review).
``(6) Section 201(b) (relating to eligible families), except
as otherwise provided in this title.
``(7) Section 203(g) (relating to a de minimis exemption for
procurement of goods and services).
``(8) Section 702 (relating to 99-year leasehold interests in
trust or restricted lands for housing purposes).
``SEC. 902. PARTICIPATING TRIBES.
``(a) Request To Participate.--To be eligible to participate in the
demonstration program under this title, an Indian tribe shall submit to
the Secretary a notice of intention to participate during the 60-day
period beginning on the date of the enactment of this title, in such
form and such manner as the Secretary shall provide.
``(b) Cooperative Agreement.--Upon approval under section 905 of the
final plan of an Indian tribe for participation in the demonstration
program under this title, the Secretary shall enter into a cooperative
agreement with the participating tribe that provides such tribe with
the authority to carry out activities under the demonstration program.
``(c) Limitation.--The Secretary may not approve more than 20 Indian
tribes for participation in the demonstration program under this title.
``SEC. 903. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER.
``(a) Request for Quotes.--Not later than the expiration of the 180-
day period beginning upon notification to the Secretary by an Indian
tribe of intention to participate in the demonstration program under
this title, the Indian tribe shall--
``(1) obtain assistance from a qualified entity in assessing
the housing needs, including the affordable housing needs, of
the tribe; and
``(2) release a request for quotations from entities
interested in partnering with the tribe in designing and
carrying out housing activities sufficient to meet the tribe's
housing needs as identified pursuant to paragraph (1).
``(b) Selection of Investor Partner.--
``(1) In general.--Except as provided in paragraph (2), not
later than the expiration of the 18-month period beginning on
the date of the enactment of this title, an Indian tribe
requesting to participate in the demonstration program under
this title shall--
``(A) select an investor partner from among the
entities that have responded to the tribe's request for
quotations; and
``(B) together with such investor partner, establish
and submit to the Secretary a final plan that meets the
requirements under section 904.
``(2) Exceptions.--The Secretary may extend the period under
paragraph (1) for any tribe that--
``(A) has not received any satisfactory quotation in
response to its request released pursuant to subsection
(a)(2); or
``(B) has any other satisfactory reason, as
determined by the Secretary, for failure to select an
investor partner.
``SEC. 904. FINAL PLAN.
``A final plan under this section shall--
``(1) be developed by the participating tribe and the
investor partner for the tribe selected pursuant to section
903(b)(1)(A);
``(2) identify the qualified entity that assisted the tribe
in assessing the housing needs of the tribe;
``(3) set forth a detailed description of such projected
housing needs, including affordable housing needs, of the
tribe, which shall include--
``(A) a description of such need over the ensuing 24
months and thereafter until the expiration of the
ensuing 5-year period or until the affordable housing
need is met, whichever occurs sooner; and
``(B) the same information that would be required
under section 102 to be included in an Indian housing
plan for the tribe, as such requirements may be
modified by the Secretary to take consideration of the
requirements of the demonstration program under this
title;
``(4) provide for specific housing activities sufficient to
meet the tribe's housing needs, including affordable housing
needs, as identified pursuant to paragraph (3) within the
periods referred to such paragraph, which shall include--
``(A) development of affordable housing (as such term
is defined in section 4 of this Act (25 U.S.C. 4103));
``(B) development of conventional homes for rental,
lease-to-own, or sale, which may be combined with
affordable housing developed pursuant to subparagraph
(A);
``(C) development of housing infrastructure,
including housing infrastructure sufficient to serve
affordable housing developed under the plan; and
``(D) investments by the investor partner for the
tribe, the participating tribe, members of the
participating tribe, and financial institutions and
other outside investors necessary to provide financing
for the development of housing under the plan and for
mortgages for tribal members purchasing such housing;
``(5) provide that the participating tribe will agree to
provide long-term leases to tribal members sufficient for
lease-to-own arrangements for, and sale of, the housing
developed pursuant to paragraph (4);
``(6) provide that the participating tribe--
``(A) will be liable for delinquencies under mortgage
agreements for housing developed under the plan that
are financed under the plan and entered into by tribal
members; and
``(B) shall, upon foreclosure under such mortgages,
take possession of such housing and have the
responsibility for making such housing available to
other tribal members;
``(7) provide for sufficient protections, in the
determination of the Secretary, to ensure that the tribe and
the Federal Government are not liable for the acts of the
investor partner or of any contractors;
``(8) provide that the participating tribe shall have sole
final approval of design and location of housing developed
under the plan;
``(9) set forth specific deadlines and schedules for
activities to be undertaken under the plan and set forth the
responsibilities of the participating tribe and the investor
partner;
``(10) set forth specific terms and conditions of return on
investment by the investor partner and other investors under
the plan, and provide that the participating tribe shall pledge
grant amounts allocated for the tribe pursuant to title III for
such return on investment;
``(11) set forth the terms of a cooperative agreement on the
operation and management of the current assistance housing
stock and current housing stock for the tribe assisted under
the preceding titles of this Act;
``(12) set forth any plans for sale of affordable housing of
the participating tribe under section 907 and, if included,
plans sufficient to meet the requirements of section 907
regarding meeting future affordable housing needs of the tribe;
``(13) set forth terms for enforcement of the plan, including
an agreement regarding jurisdiction of any actions under or to
enforce the plan, including a waiver of immunity; and
``(14) include such other information as the participating
tribe and investor partner consider appropriate.
``SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.
``(a) In General.--Not later than the expiration of the 90-day period
beginning upon a submission by an Indian tribe of a final plan under
section 904 to the Secretary, the Secretary shall--
``(1) review the plan and the process by which the tribe
solicited requests for quotations from investors and selected
the investor partner; and
``(2)(A) approve the plan, unless the Secretary determines
that--
``(i) the assessment of the tribe's housing needs by
the qualified entity, or as set forth in the plan
pursuant to section 904(3), is inaccurate or
insufficient;
``(ii) the process established by the tribe to
solicit requests for quotations and select an investor
partner was insufficient or negligent; or
``(iii) the plan is insufficient to meet the housing
needs of the tribe, as identified in the plan pursuant
to section 904(3);
``(B) approve the plan, on the condition that the
participating tribe and the investor make such revisions to the
plan as the Secretary may specify as appropriate to meet the
needs of the tribe for affordable housing; or
``(C) disapprove the plan, only if the Secretary determines
that the plan fails to meet the minimal housing standards and
requirements set forth in this Act and the Secretary notifies
the tribe of the elements requiring the disapproval.
``(b) Action Upon Disapproval.--
``(1) Re-submission of plan.--Subject to paragraph (2), in
the case of any disapproval of a final plan of an Indian tribe
pursuant to subsection (a)(3), the Secretary shall allow the
tribe a period of 180 days from notification to the tribe of
such disapproval to re-submit a revised plan for approval.
``(2) Limitation.--If the final plan for an Indian tribe is
disapproved twice and resubmitted twice pursuant to the
authority under paragraph (1) and, upon such second re-
submission of the plan the Secretary disapproves the plan, the
tribe may not re-submit the plan again and shall be ineligible
to participate in the demonstration program under this title.
``(c) Tribe Authority of Housing Design and Location.--The Secretary
may not disapprove a final plan under section 904, or condition
approval of such a plan, based on the design or location of any housing
to be developed or assisted under the plan.
``(d) Failure To Notify.--If the Secretary does not notify a
participating tribe submitting a final plan of approval, conditional
approval, or disapproval of the plan before the expiration of the
period referred to in paragraph (1), the plan shall be considered as
approved for all purposes of this title.
``SEC. 906. TREATMENT OF NAHASDA ALLOCATION.
``Amounts otherwise allocated for a participating tribe under title
III of this Act (25 U.S.C. 4151 et seq.) shall not be made available to
the tribe under titles I through VIII, but shall only be available for
the tribe, upon request by the tribe and approval by the Secretary, for
the following purposes:
``(1) Return on investment.--Such amounts as are pledged by a
participating tribe pursuant to section 904(10) for return on
the investment made by the investor partner or other investors
may be used by the Secretary to ensure such full return on
investment.
``(2) Administrative expenses.--The Secretary may provide to
a participating tribe, upon the request of a tribe, not more
than 10 percent of any annual allocation made under title III
for the tribe during such period for administrative costs of
the tribe in completing the processes to carry out sections 903
and 904.
``(3) Housing infrastructure costs.--A participating tribe
may use such amounts for housing infrastructure costs
associated with providing affordable housing for the tribe
under the final plan.
``(4) Maintenance; tenant services.--A participating tribe
may use such amounts for maintenance of affordable housing for
the tribe and for housing services, housing management
services, and crime prevention and safety activities described
in paragraphs (3), (4), and (5), respectively, of section 202.
``SEC. 907. RESALE OF AFFORDABLE HOUSING.
``Notwithstanding any other provision of this Act, a participating
tribe may, in accordance with the provisions of the final plan of the
tribe approved pursuant to section 905, resell any affordable housing
developed with assistance made available under this Act for use other
than as affordable housing, but only if the tribe provides such
assurances as the Secretary determines are appropriate to ensure that--
``(1) the tribe is meeting its need for affordable housing;
``(2) will provide affordable housing in the future
sufficient to meet future affordable housing needs; and
``(3) will use any proceeds only to meet such future
affordable housing needs or as provided in section 906.
``SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.
``(a) Annual Reports by Tribe.--Each participating tribe shall submit
a report to the Secretary annually regarding the progress of the tribe
in complying with, and meeting the deadlines and schedules set forth
under the approved final plan for the tribe. Such reports shall contain
such information as the Secretary shall require.
``(b) Reports to Congress.--The Secretary shall submit a report to
the Congress annually describing the activities and progress of the
demonstration program under this title, which shall--
``(1) summarize the information in the reports submitted by
participating tribes pursuant to subsection (a);
``(2) identify the number of tribes that have selected an
investor partner pursuant to a request for quotations;
``(3) include, for each tribe applying for participating in
the demonstration program whose final plan was disapproved
under section 905(a)(2)(C), a detailed description and
explanation of the reasons for disapproval and all actions
taken by the tribe to eliminate the reasons for disapproval,
and identify whether the tribe has re-submitted a final plan;
``(4) identify, by participating tribe, any amounts requested
and approved for use under section 906; and
``(5) identify any participating tribes that have terminated
participation in the demonstration program and the
circumstances of such terminations.
``(c) Audits.--The Secretary shall provide for audits among
participating tribes to ensure that the final plans for such tribes are
being implemented and complied with. Such audits shall include on-site
visits with participating tribes and requests for documentation
appropriate to ensure such compliance.
``SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.
``(a) Termination of Participation.--A participating tribe may
terminate participation in the demonstration program under this title
at any time, subject to this section.
``(b) Effect on Existing Obligations.--
``(1) No automatic termination.--Termination by a
participating tribe in the demonstration program under this
section shall not terminate any obligations of the tribe under
agreements entered into under the demonstration program with
the investor partner for the tribe or any other investors or
contractors.
``(2) Authority to mutually terminate agreements.--Nothing in
this title may be construed to prevent a tribe that terminates
participation in the demonstration program under this section
and any party with which the tribe has entered into an
agreement from mutually agreeing to terminate such agreement.
``(c) Receipt of Remaining Grant Amounts.--The Secretary shall
provide for grants to be made in accordance with, and subject to the
requirements of, this Act for any amounts remaining after use pursuant
to section 906 from the allocation under title III for a participating
tribe that terminates participation in the demonstration program.
``(d) Costs and Obligations.--The Secretary shall not be liable for
any obligations or costs incurred by an Indian tribe during its
participation in the demonstration program under this title.
``SEC. 910. FINAL REPORT.
``Not later than the expiration of the 5-year period beginning on the
date of the enactment of this title, the Secretary shall submit a final
report to the Congress regarding the effectiveness of the demonstration
program, which shall include--
``(1) an assessment of the success, under the demonstration
program, of participating tribes in meeting their housing
needs, including affordable housing needs, on tribal land;
``(2) recommendations for any improvements in the
demonstration program; and
``(3) a determination of whether the demonstration should be
expanded into a permanent program available for Indian tribes
to opt into at any time and, if so, recommendations for such
expansion, including any legislative actions necessary to
expand the program.
``SEC. 911. DEFINITIONS.
``For purposes of this title, the following definitions shall apply:
``(1) Affordable housing.--The term `affordable housing' has
the meaning given such term in section 4 (25 U.S.C. 4103).
``(2) Housing infrastructure.--The term `housing
infrastructure' means basic facilities, services, systems, and
installations necessary or appropriate for the functioning of a
housing community, including facilities, services, systems, and
installations for water, sewage, power, communications, and
transportation.
``(3) Long-term lease.--The term `long-term lease' means an
agreement between a participating tribe and a tribal member
that authorizes the tribal member to occupy a specific plot of
tribal lands for 50 or more years and to request renewal of the
agreement at least once.
``(4) Participating tribes.--The term `participating tribe'
means an Indian tribe for which a final plan under section 904
for participation in the demonstration program under this title
has been approved by the Secretary under section 905.
``SEC. 912. NOTICE.
``The Secretary shall establish any requirements and criteria as may
be necessary to carry out the demonstration program under this title by
notice published in the Federal Register.''.
SEC. 702. CLERICAL AMENDMENTS.
The table of contents in section 1(b) is amended by inserting after
the item relating to section 705 the following:
``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
``Sec. 801. Definitions.
``Sec. 802. Block grants for affordable housing activities.
``Sec. 803. Housing plan.
``Sec. 804. Review of plans.
``Sec. 805. Treatment of program income and labor standards.
``Sec. 806. Environmental review.
``Sec. 807. Regulations.
``Sec. 808. Effective date.
``Sec. 809. Affordable housing activities.
``Sec. 810. Eligible affordable housing activities.
``Sec. 811. Program requirements.
``Sec. 812. Types of investments.
``Sec. 813. Low-income requirement and income targeting.
``Sec. 814. Lease requirements and tenant selection.
``Sec. 815. Repayment.
``Sec. 816. Annual allocation.
``Sec. 817. Allocation formula.
``Sec. 818. Remedies for noncompliance.
``Sec. 819. Monitoring of compliance.
``Sec. 820. Performance reports.
``Sec. 821. Review and audit by Secretary.
``Sec. 822. General Accounting Office audits.
``Sec. 823. Reports to Congress.
``Sec. 824. Authorization of appropriations.
``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
``Sec. 901. Authority.
``Sec. 902. Participating tribes.
``Sec. 903. Request for quotes and selection of investor partner.
``Sec. 904. Final plan.
``Sec. 905. HUD review and approval of plan.
``Sec. 906. Treatment of NAHASDA allocation.
``Sec. 907. Resale of affordable housing.
``Sec. 908. Reports, audits, and compliance.
``Sec. 909. Termination of tribal participation.
``Sec. 910. Final report.
``Sec. 911. Definitions.
``Sec. 912. Notice.''.
Purpose and Summary
On September 28, 2017, Representative Steve Pearce
introduced H.R. 3864, the ``Native American Housing Assistance
and Self-Determination Reauthorization Act of 2017''. The bill
reauthorizes the Native American Housing Assistance Self
Determination Act of 1996 (NAHASDA) for five years through 2022
and amends the statute to better address housing needs for
Native American tribal governments. H.R. 3864 has three primary
objectives: (1) strengthen vital taxpayer protections and
tribal accountability by providing the Secretary of Housing and
Urban Development (HUD) the authority to recoup unexpended
funds; (2) allow for tribes to pursue alternative funding
sources by encouraging private investment; and (3) provide
Native American tribal governments with greater efficiencies
when deploying NAHASDA funds.
Background and Need for Legislation
A unique relationship exists between the U.S. Government
and the governments of Native Americans. Congress, through
treaties and statutes, has assumed a trust responsibility for
the protection and preservation of Native American 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.
NAHASDA is a federal grant and loan guarantee program that
provides affordable housing assistance to Native American
tribes. Tribes spend these funds to provide affordable housing
assistance for its low-income tribal members living on or near
Indian tribal lands or areas. NAHASDA is administered by HUD's
Office of Native American Programs (ONAP). Congress first
authorized NAHASDA in 1996 to streamline the multiple channels
of housing assistance provided to Native Americans by combining
several federal housing assistance programs into two: (1) the
Indian Housing Block Grant (IHBG) program, which is a formula
based grant program; and (2) the Title VI Tribal Housing
Activities Loan Guarantee Program, which guarantees private
loans to Indian tribes to develop affordable housing. After the
passage of its authorization, Congress first funded NAHASDA in
1998 and the annual funding level for NAHASDA is approximately
$650 million. NAHASDA's authorization expired September 30,
2013, and it is currently receiving appropriations without
authorization.
Prior to NAHASDA, Native American tribes received
assistance for affordable housing under various federal
programs aimed at providing housing assistance to low-income
Native Americans. For example, tribes received housing
development and modernization grants, public housing operating
subsidies, and Section 8 rental assistance, which were
authorized in the 1937 Housing Act. There were no specific
provisions in the 1937 Housing Act relating to the unique
circumstances of Native Americans living on or near tribal
lands, such as the federal government's obligations to Native
Americans through treaties and legislation, the relationships
between sovereign governments (federal and tribal) with
different laws, and the challenges with housing development on
trust lands. By combining federal housing assistance, NAHASDA
sought to provide Native American tribes greater self-
determination and self-governance by allowing them more
authority over spending their federal affordable housing funds.
With the enactment of NAHASDA, Indian tribes are no longer
eligible to receive federal housing assistance under the 1937
Housing Act.
NAHASDA has been amended several times since its enactment.
In 2000, Congress added a new title to the law to make Native
Hawaiians residing on Hawaiian Home Lands eligible to receive
federal assistance. In 2002, Congress reauthorized NAHASDA for
five years and added new self-determination measures, expanded
eligible activities, and changed the requirements for the use
of program income.
In 2008, Congress reauthorized NAHASDA for five years,
through October 1, 2013, and incorporated several changes. The
2008 reauthorization modified the Indian Housing Block Grant
Program to allow tribes to establish a reserve account of 20
percent of the grants they received for housing activities.
Tribes were also given greater discretion over the use of 15
percent or $1 million of their grant, whichever is the lesser
amount, for affordable housing activities.
Congress designed NAHASDA to promote development, increase
flexibility so that tribes may meet the unique challenges that
they face, and provide the self-determination that tribes
deserve. The tenets of the tribal self-determination policy, as
embodied in NAHASDA, give tribes greater flexibility to
determine what types of products and services they offer, how
they will deliver programs and projects, and how best to serve
tribal members. This approach has worked well to serve the
Native American population where geographies, climates,
customs, resources, and economic conditions vary widely.
The housing needs of Native Americans living on
reservations are extensive. Published by HUD in January 2017,
the Housing Needs of American Indians and Alaska Natives in
Tribal Areas reported the results of a comprehensive, national
study of housing needs in Native American communities. The
report found that, on average, the physical housing problems
for Native American households in tribal areas are more severe
than for U.S. household. It documented the immediate needs of
new, affordable housing to replace substandard or overcrowded
units.
H.R. 3864 does more than reauthorize the program that
provides housing for Native Americans across the country. This
legislation continues NAHASDA's tradition of transforming
housing programs by capturing market efficiencies and the
effectiveness of streamlined processes to ultimately achieve
prosperity that has been elusive on reservations. This five-
year authorization is another Federal subsidy for Native
Americans but rather a bridge to assist millions to create
better living conditions, improve housing opportunities, and
promote prosperity for tribal members.
H.R. 3864 continues to create effective partnerships among
the Federal Government, State, tribal, local governments, and
private entities that allow the government to accept
responsibility to foster the development of a healthy
marketplace and allow families to prosper without government
involvement in their day-to-day activities. During the markup,
the Committee adopted an amendment in the nature of a
substitute that removed reauthorization language for HUD's
Native Hawaiian program. Given the unique circumstances
regarding the Native Hawaiian program, the Committee chose to
follow the precedent set during NAHASDA's last reauthorization
to consider Native American housing programs separate from
Native Hawaiian.
Consistent with the recommendation in HUD's January 2017
report, H.R. 3864 will help tribes enhance their development
efforts, and it will better leverage the assistance they
receive through the dissemination of successful tribal
strategies that meet the urgent housing needs of tribal
communities.
Hearings
The Committee on Financial Services' Subcommittee on
Housing and Insurance held a hearing examining matters relating
to H.R. 3864 on July 21, 2017.
Committee Consideration
The Committee on Financial Services met in open session on
December 12, 2017, and ordered H.R. 3864 to be reported
favorably to the House, as amended, by a recorded vote of 37
yeas to 22 nays (Record vote no. FC-120), a quorum being
present. Before the motion to report was offered, the Committee
adopted an amendment in the nature of a substitute offered by
Mr. Pearce by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. A
motion by Chairman Hensarling to report the bill favorably to
the House, as amended, was agreed to by a recorded vote of 37
yeas to 22 nays (Record vote no. FC-120), a quorum being
present. An amendment in the nature of a substitute offered by
Mr. Pearce was agreed to by voice vote. An amendment to the
amendment in the nature of a substitute, as amended by
unanimous consent, offered by Ms. Waters was not agreed to by
voice vote. An amendment to the amendment in the nature of a
substitute offered by Ms. Moore was not agreed to by a recorded
vote of 24 yeas to 32 nays (Record vote no. FC-119), a quorum
being present.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the findings and recommendations of
the Committee based on oversight activities under clause
2(b)(1) of rule X of the Rules of the House of Representatives,
are incorporated in the descriptive portions of this report.
Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill contains no measure that authorizes funding, so no
statement of general performance goals and objectives for which
any measure authorizes funding is required.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Estimates
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 8, 2018.
Hon. Jeb Hensarling, Chairman
Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3864, the Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Elizabeth
Cove Delisle.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 3864--Native American Housing Assistance and Self-Determination
Reauthorization Act of 2017
Summary: H.R. 3864 would reauthorize the Native American
Housing Block Grant (NAHBG) and loan guarantee programs through
fiscal year 2022. In addition, the bill would authorize the
Department of Housing and Urban Development (HUD) to make new
grants in 2018 under the Tribal HUD-VA Supportive Housing
(Tribal HUD-VASH) program, which is jointly operated by HUD and
the Department of Veterans Affairs (VA). CBO estimates that
implementing H.R. 3864 would cost about $2.7 billion over the
2018-2022 period, assuming appropriation of the necessary
amounts.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3864 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3864 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated Cost to the Federal Government: The estimated
budgetary effect of H.R. 3864 is shown in the following table.
The costs of this legislation fall within budget functions 600
(income security) and 370 (commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
--------------------------------------------------
2018 2019 2020 2021 2022 2018-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Native American Housing Block Grants:
Authorization Level...................................... 650 650 650 650 650 3,250
Estimated Outlays........................................ 241 462 585 663 715 2,665
Loan Guarantees for Indian Housing:
Authorization Level...................................... 12 12 12 12 12 61
Estimated Outlays........................................ 12 12 12 12 12 61
Demonstration Program:
Estimated Authorization Level............................ 1 1 1 1 1 6
Estimated Outlays........................................ 1 1 1 1 1 6
Housing for Native American Veterans:
Estimated Authorization Level............................ 0 0 0 0 0 0
Estimated Outlays........................................ -2 * * 1 1 *
Lands Title Report Commission:
Estimated Authorization Level............................ 1 * 0 0 0 1
Estimated Outlays........................................ 1 * 0 0 0 1
Total Changes:
Estimated Authorization Level........................ 664 664 663 663 663 3,318
Estimated Outlays.................................... 253 475 599 677 729 2,732
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between -$500,000 and $500,000.
Basis of estimate: CBO estimates that implementing H.R.
3864 would cost about $2.7 billion over the next five years,
assuming appropriation of the necessary funds. For this
estimate, CBO assumes that H.R. 3864 will be enacted near the
end of fiscal year 2018 and that appropriated funds will be
spent at historical rates for the affected programs.
Native American Housing Block Grants: Section 301 would
authorize the appropriation of $650 million annually over the
2018-2022 period for the NAHBG program, which provides funding
for tribes to acquire, construct, rehabilitate, or manage
affordable housing for Native American families with low
incomes. In 2017, the Congress appropriated $654 million for
the program. CBO estimates that implementing this section would
cost $2.7 billion over the 2018-2022 period.
Loan Guarantees for Indian Housing: Section 502 would
authorize the appropriation of a little more than $12 million
annually through 2022 to guarantee loans to Native American
families and tribes to construct, acquire, or rehabilitate
homes located on tribal land. In 2017, the Congress
appropriated $7 million for the program. CBO estimates that
implementing this section would cost $61 million over the 2018-
2022 period.
Demonstration Program: Section 701 would authorize a
demonstration program for tribes to form partnerships with
other entities to assess the need for and to develop housing.
Tribes could pledge NAHBG funds to provide a return on
investment to investors. Using information from HUD about the
staff time required to carry out similar programs, CBO
estimates that the equivalent of seven employees would be
needed each year over the 2018-2022 period to review tribal
plans for implementing partnerships, audit compliance with the
plans, and report to the Congress on the effectiveness of the
demonstration program. Based on average personnel costs of
$160,000 per employee and accounting for anticipated inflation,
CBO estimates that the personnel costs would be about $6
million over the 2018-2022 period.
Housing for Native American Veterans: The Tribal HUD-VASH
program provides rental assistance to Native American veterans
who are homeless or at risk of homelessness. Section 501 would
require HUD to allocate 5 percent of the funds made available
for the HUD-VASH program to the Tribal HUD-VASH program. On an
annualized basis, $40 million was appropriated for the HUD-VASH
program in 2018; therefore, CBO estimates that HUD would
allocate $2 million in 2018 to make new tribal grants. No
appropriations are authorized for the underlying HUD-VASH
program after 2018, so CBO does not estimate any funding for
new grants in those years. Based on information from HUD about
the pace of spending in the HUD-VASH and Tribal HUD-VASH
programs, CBO estimates that enacting H.R. 3864 would not
significantly affect the federal budget.
Lands Title Report Commission: Section 601 would establish
a commission to analyze and create a plan to improve the system
the Department of the Interior uses for maintaining land
ownership records and title documents related to Indian trusts.
The commission would consist of 12 members.
Members would serve without pay but would be reimbursed for
travel expenses. The bill would authorize the commission to
hold hearings, hire staff, and collect information from federal
agencies. The commission would submit a final report to the
Congress within one year of its initial meeting.
Based on the cost of similar commissions, CBO estimates
that implementing section 601 would require about three
employees. This estimate reflects the staff time and other
resources necessary to convene the commission, support its
mission, and prepare the final report. CBO estimates that the
total costs would be about $1 million over the 2018-2022
period; that spending would be subject to the availability of
appropriated funds.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 3864 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Mandates: H.R. 3864 contains no intergovernmental or
private-sector mandates as defined in UMRA. Grants authorized
in the bill would benefit tribal governments that participate
in housing assistance programs. Any costs those governments
bore to comply with grant conditions would be incurred
voluntarily.
Estimate prepared by: Federal Costs: Elizabeth Cove Delisle
and Jeff LaFave, Mandates: Rachel Austin.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995.
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of the section
102(b)(3) of the Congressional Accountability Act.
Earmark Identification
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
Duplication of Federal Programs
In compliance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
from the Government Accountability Office to Congress pursuant
to section 21 of Public Law 111-139; or (3) a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, (115th Congress),
the following statement is made concerning directed
rulemakings: The Committee estimates that the bill requires no
directed rulemakings within the meaning of such section.
Section-by-Section Analysis of the Legislation
Section 1. Short title; table of contents
This section cites the short title of H.R. 3864 as the
``Native American Housing Assistance and Self-Determination
Reauthorization Act of 2017,'' and includes the bill's table of
contents.
Section 2. References
This section clarifies that all amendments contained in
this bill refer to the Native American Housing Assistance and
Self-Determination Act of 1996, unless otherwise noted.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Section 101. Block grants
This section requires the HUD Secretary to act on a Local
Cooperation Agreement waiver request within 60 days of its
submission by a recipient of funding under the Native American
Housing Assistance and Self-Determination Act (NAHASDA).
Section 102. Recommendations regarding exceptions to annual Indian
Housing Plan requirement
This section requires the HUD Secretary to study and
recommend to Congress standards and procedures to streamline
and simplify Indian Housing Plans (IHPs), including
recommendations that establish procedures for waiving the IHP
or alternative reporting requirements for tribes, such as
submitting multi-year IHPs.
Section 103. Environmental review
This section requires the HUD Secretary to consolidate
environmental review requirements under a single environmental
review when NAHASDA funding is not less than 51 percent of the
total federal funding source for the development and the HUD
Secretary determines the consolidation is not inconsistent with
the goals of the National Environmental Policy Act of 1969; and
requires the Secretary to act on environmental review waiver
submissions within 60 days of receipt.
Section 104. Deadline for action on request for approval regarding
exceeding TDC maximum cost for project
This section establishes a 60-day period in which HUD must
act on a recipient's waiver request to exceed the 10 percent
maximum of total development cost (TDC); and provides a
definition of TDC as it relates to acquiring or rehabilitating
affordable housing under NAHASDA.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Section 201. National objectives and eligible families
This section exempts NAHASDA recipients from section 3 of
the Housing and Urban Development Act of 1968.
Section 202. Program requirements
This section removes the requirement that rent charged for
a unit equal 30 percent of the tenant's income in instances
when the NAHASDA recipient has a written policy governing rents
or homebuyer payments charged for housing units, and such
policy does not include a provision governing maximum rents or
homebuyer payments.
Section 203. Homeownership or lease-to-own low-income requirement and
income targeting
This section clarifies that housing funded by NAHASDA meets
the test for ``affordable'' housing if a family is, at the
outset of tenancy, low-income, as defined by the Act, and its
income status subsequently changes prior to the family
converting its tenancy to homeownership or lease-to-own status;
and prohibits a NAHASDA recipient from requiring a binding
affordability commitment for any privately owned home that
receives property improvements that do not exceed 10 percent of
the total development costs for such home.
Section 204. Lease requirements and tenant selection
This section clarifies that the owner or manager of
NAHASDA-funded rental housing shall only utilize leases that
require a specific notice period prior to the termination of
the lease.
Section 205. Tribal coordination of agency funding
This section allows NAHASDA recipients to coordinate
funding from the Indian Health Service to construct sanitation
facilities for housing construction and renovation projects.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Section 301. Authorization of appropriations
This section authorizes $650 million in appropriations for
each of fiscal years 2018-2022 for the NAHASDA program.
Section 302. Effect of undisbursed block grant amounts on annual
allocations
This section authorizes the HUD Secretary to recoup
unexpended funds that exceed three times a yearly allocation
for a NAHASDA recipient, with such identified funds reallocated
to other eligible NAHASDA recipients; provides a process by
which recipients exceeding the maximum amount of funds have the
ability to demonstrate due diligence to the Secretary prior to
recoupment; and applies only to those NAHASDA recipients that
receive an annual NAHASDA grant of more than $5 million.
TITLE IV--AUDITS AND REPORTS
Section 401. Review and audit by Secretary
This section directs the HUD Secretary to issue a final
audit report on a NAHASDA recipient within 60 days after the
subject of the audit has had an opportunity to review and
comment on the report, as provided by law.
Section 402. Reports to Congress
This section requires the HUD Secretary to provide copies
of HUD's statutorily required annual report on progress made in
accomplishing the objectives of the Act to the relevant
Congressional Committees of jurisdiction and to make them
publicly available to recipients.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Section 501. HUD-Veterans Affairs Supportive Housing Program for Native
American veterans
This section authorizes HUD to create a rental assistance
program for Native American veterans modeled on the HUD-
Veterans Affairs Supportive Housing (HUD-VASH) program; and
provides a 5 percent set aside from within the VASH funds for
the creation of this program.
Section 502. Loan Guarantees for Indian Housing
This section authorizes $12.2 million in appropriations for
each of fiscal years 2018-2022 for the Loan Guarantees for
Indian Housing program (also known as the Section 184 program),
which will support a loan guarantee authority of $976 million.
TITLE VI--MISCELLANEOUS
Section 601. Lands Title Report Commission
This section amends the American Homeownership and Economic
Opportunity Act of 2000 by eliminating the requirement that
funds in advance of appropriations be provided before the
Indian Lands Title Report Commission may become operational.
Section 602. Leasehold interest in trust or restricted lands for
housing purposes
This section allows for 99-year leases on tribal lands and
grandfathers current leases into the 99-year requirement.
Section 603. Clerical amendment
This section updates the Table of Contents of the Native
American Housing Assistance and Self-Determination Act of 1996.
TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
Section 701. Demonstration program
This section creates a new Title IX within NAHASDA,
authorizing a demonstration project on greater tribal self-
determination and private investment when meeting housing
needs.
Sec. 901: Authority. Authorizes additional
authority to tribes that participate in the demonstration
project and exempts participating tribes from other unrelated
provisions of NAHASDA.
Sec. 902: Participating Tribes. Limits the
demonstration project to twenty tribes and sets forth
eligibility for the program, including a cooperative agreement
between the participating tribe and HUD.
Sec. 903: Request for Quotes and Selection of
Investor Partners. Sets forth the process by which the
participating tribe must show due diligence in selection of an
investor group. Included in these steps is an assessment of the
housing needs on participating tribes' land.
Sec. 904: Final Plan. Requires participating
tribes to provide HUD with a completed proposal for
construction of housing needs on tribal land, known as a
``Final Plan,'' and sets forth what must be included within
that plan, as well as the requirements that apply to the
investor partnering with the tribe.
Sec. 905: HUD Review and Approval of Plan. Sets
forth the review and approval process HUD must follow when
communicating with participating tribes and requires HUD to
provide detailed information to tribes who have had their Final
Plans denied or altered.
Sec. 906: Treatment of NAHASDA Allocation.
Prescribes that allocations made to tribes in the demonstration
project shall be reserved for use in housing infrastructure,
administrative expenses, and equity for private investment.
Sec. 907: Resale of Affordable Housing. Authorizes
participating tribes to resell any affordable housing developed
under this act, so long as the tribe is meeting its affordable
housing needs, and has the ability to meet future affordable
housing needs.
Sec. 908: Reports, Audits, and Compliance.
Requires tribes and HUD to provide annual reports on the
progress of the demonstration project and sets forth
requirements for HUD audits of participating tribes.
Sec. 909: Termination of Tribal Participation.
Allows tribes to withdraw from the demonstration project at any
time so long as they maintain any legal agreements with
investors that participated under the demonstration project.
Sec. 910: Final Report. Requires a HUD report,
five years after enactment, on whether the demonstration
project should be expanded into a permanent program.
Sec. 911: Definitions. Provides for various
definitions applicable to NAHASDA and this Act.
Sec. 912: Notice. Requires the HUD Secretary to
carry out the demonstration project by notice published in the
Federal Register.
Section 702. Clerical amendments
This section contains clarifications to the Table of
Contents that includes the new demonstration program outlined
in Section 701.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996
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.
* * * * * * *
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
* * * * * * *
[Sec. 206. Treatment of funds.]
* * * * * * *
Sec. 211. Tribal coordination of agency funding.
* * * * * * *
TITLE III--ALLOCATION OF GRANT AMOUNTS
* * * * * * *
Sec. 303. Effect of undisbursed grant amounts on annual allocations.
* * * * * * *
TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
Sec. 801. Definitions.
Sec. 802. Block grants for affordable housing activities.
Sec. 803. Housing plan.
Sec. 804. Review of plans.
Sec. 805. Treatment of program income and labor standards.
Sec. 806. Environmental review.
Sec. 807. Regulations.
Sec. 808. Effective date.
Sec. 809. Affordable housing activities.
Sec. 810. Eligible affordable housing activities.
Sec. 811. Program requirements.
Sec. 812. Types of investments.
Sec. 813. Low-income requirement and income targeting.
Sec. 814. Lease requirements and tenant selection.
Sec. 815. Repayment.
Sec. 816. Annual allocation.
Sec. 817. Allocation formula.
Sec. 818. Remedies for noncompliance.
Sec. 819. Monitoring of compliance.
Sec. 820. Performance reports.
Sec. 821. Review and audit by Secretary.
Sec. 822. General Accounting Office audits.
Sec. 823. Reports to Congress.
Sec. 824. Authorization of appropriations.
TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION AUTHORITY
FOR NATIVE AMERICAN HOUSING
Sec. 901. Authority.
Sec. 902. Participating tribes.
Sec. 903. Request for quotes and selection of investor partner.
Sec. 904. Final plan.
Sec. 905. HUD review and approval of plan.
Sec. 906. Treatment of NAHASDA allocation.
Sec. 907. Resale of affordable housing.
Sec. 908. Reports, audits, and compliance.
Sec. 909. Termination of tribal participation.
Sec. 910. Final report.
Sec. 911. Definitions.
Sec. 912. Notice.
* * * * * * *
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
disabilities.--$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.
(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) Housing related community development.--
(A) In general.--The term ``housing related
community development'' means any facility,
community building, business, activity, or
infrastructure that--
(i) is owned by an Indian tribe or a
tribally designated housing entity;
(ii) is necessary to the provision of
housing in an Indian area; and
(iii)(I) would help an Indian tribe
or tribally designated housing entity
to reduce the cost of construction of
Indian housing;
(II) would make housing more
affordable, accessible, or practicable
in an Indian area; or
(III) would otherwise advance the
purposes of this Act.
(B) Exclusion.--The term ``housing and
community development'' does not include any
activity conducted by any Indian tribe under
the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.).
(9) 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.
(C) Any amounts received by any member of the
family as disability compensation under chapter
11 of title 38, United States Code, or
dependency and indemnity compensation under
chapter 13 of such title.
(10) Indian.--The term ``Indian'' means any person
who is a member of an Indian tribe.
(11) Indian area.--The term ``Indian area'' means the
area within which an Indian tribe or a tribally
designated housing entity, as authorized by 1 or more
Indian tribes, provides assistance under this Act for
affordable housing.
(12) Indian housing plan.--The term ``Indian housing
plan'' means a plan under section 102.
(13) Indian tribe.--
(A) In general.--The term ``Indian tribe''
means a tribe that is a federally recognized
tribe or a State recognized tribe.
(B) Federally recognized tribe.--The term
``federally 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 as Indians pursuant to the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
(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 705, entered into a
contract with the Secretary
pursuant 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 construed 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.
(14) 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.
(15) 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.
(16) Near-elderly person.--The term ``near-elderly
person'' means a person who is at least 55 years of age
and less than 62 years of age.
(17) 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.
(18) 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--
(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
of 2000.
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 implement the preceding sentence.
(19) Recipient.--The term ``recipient'' means an
Indian tribe or the entity for one or more Indian
tribes that is authorized to receive grant amounts
under this Act on behalf of the tribe or tribes.
(20) Secretary.--Except as otherwise specifically
provided in this Act, the term ``Secretary'' means the
Secretary of Housing and Urban Development.
(21) 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.
(22) Total development cost.--The term ``total
development cost'' means, with respect to a housing
project, the sum of all costs for the project,
including all undertakings necessary for
administration, planning, site acquisition, demolition,
construction or equipment and financing (including
payment of carrying charges), and for otherwise
carrying out the development of the project, excluding
off-site water and sewer. The total development cost
amounts shall be based on a moderately designed house
and determined by averaging the current construction
costs as listed in not less than two nationally
recognized residential construction cost indices.
[(22)] (23) 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, 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.--
(1) In general.--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--
(A) to carry out affordable housing
activities under subtitle A of title II; and
(B) to carry out self-determined housing
activities for tribal communities programs
under subtitle B of that title.
(2) Provision of amounts.--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, 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 requirements due to exigent circumstances beyond
the control of the Indian tribe.
(c) Local Cooperation Agreement.--Notwithstanding any other
provision of this Act, grant amounts provided under this Act on
behalf of an Indian tribe may not be used for rental or lease-
purchase homeownership units that are owned by the recipient
for the tribe unless the governing body of the locality within
which the property subject to the development activities to be
assisted with the grant amounts is or 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. The Secretary may waive the requirements
of this subsection and subsection (d) if the recipient has made
a good faith effort to fulfill the requirements of this
subsection and subsection (d) and agrees to make payments in
lieu of taxes to the appropriate taxing authority in an amount
consistent with the requirements of subsection (d)(2) until
such time as the matter of making such payments has been
resolved in accordance with subsection (d). The Secretary shall
act upon a waiver request submitted under this subsection by a
recipient within 60 days after receipt of such request.
(d) Exemption From Taxation.--Notwithstanding any other
provision of this Act, grant amounts provided under this Act on
behalf of an Indian tribe may not be used for affordable
housing activities under this Act for rental or lease-purchase
dwelling units developed under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) or with amounts provided under
this Act that are owned by the recipient for the tribe unless--
(1) such dwelling units (which, in the case of units
in a multi-unit project, shall be exclusive of any
portions of the project not developed under the United
States Housing Act of 1937 or with amounts provided
under this Act) are 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 for the tribe makes annual payments
of user fees to compensate such governments for the
costs of providing governmental 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;
(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.--
Notwithstanding 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 development 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) of this section and subtitle B of
title II, 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 and Planning Expenses.--The Secretary
shall, by regulation, authorize each recipient to use a
percentage of any grant amounts received under this Act for
comprehensive housing and community development planning
activities and 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.
(j) Federal Supply Sources.--For purposes of section 501 of
title 40, United States Code, on election by the applicable
Indian tribe--
(1) each Indian tribe or tribally designated housing
entity shall be considered to be an Executive agency in
carrying out any program, service, or other activity
under this Act; and
(2) each Indian tribe or tribally designated housing
entity and each employee of the Indian tribe or
tribally designated housing entity shall have access to
sources of supply on the same basis as employees of an
Executive agency.
(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to any
grant (or portion of a grant) made on behalf of an Indian tribe
under this Act that is intended to benefit [1] an Indian tribe,
the tribal employment and contract preference laws (including
regulations and tribal ordinances ) adopted by the Indian tribe
that receives the benefit shall apply with respect to the
administration of the grant (or portion of a grant).
* * * * * * *
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.
(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 Noncompliance.--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 thereto) 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 not 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 tribal program year, the
tribe may comply with the provisions of such section for any
succeeding tribal program year by submitting only such
information regarding such changes as may be necessary to
update the plan previously submitted.
(e) Self-Determined Activities Program.--Notwithstanding any
other provision of this section, the Secretary--
(1) shall review the information included in an
Indian housing plan pursuant to subsections (b)(4) and
(c)(7) only to determine whether the information is
included for purposes of compliance with the
requirement under section 232(b)(2); and
(2) may not approve or disapprove an Indian housing
plan based on the content of the particular benefits,
activities, or results included pursuant to subsections
(b)(4) and (c)(7).
(f) Deadline for Action on Request to Exceed TDC Maximum.--A
request for approval by the Secretary of Housing and Urban
Development to exceed by more than 10 percent the total
development cost maximum cost for a project shall be approved
or denied during the 60-day period that begins on the date that
the Secretary receives the request.
* * * * * * *
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 effectively
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
responsibilities 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.
(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 certification 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 Environmental Policy Act of
1969 and such other provisions of law as the regulations of the
Secretary specify insofar as those responsibilities 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
responsibilities 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 regulations
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.
(d) Environmental Compliance.--The Secretary [may] shall
waive the requirements under this section if the Secretary
determines that a failure on the part of a recipient to comply
with provisions of this section--
(1) will not frustrate the goals of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.) or any other provision of law that furthers the
goals of that Act;
(2) does not threaten the health or safety of the
community involved by posing an immediate or long-term
hazard to residents of that community;
(3) is a result of inadvertent error, including an
incorrect or incomplete certification provided under
subsection (c)(1); and
(4) may be corrected through the sole action of the
recipient.
The Secretary shall act upon a waiver request submitted under
this subsection by a recipient within 60 days after receipt of
such request.
(e) Consolidation of Environmental Review Requirements.--If a
recipient is using one or more sources of Federal funds in
addition to grant amounts under this Act in carrying out a
project that qualifies as an affordable housing activity under
section 202, such other sources of Federal funds do not exceed
49 percent of the total cost of the project, and the
recipient's tribe has assumed all of the responsibilities for
environmental review, decisionmaking, and action pursuant to
this section, the tribe's compliance with the review
requirements under this section and the National Environmental
Policy Act of 1969 with regard to such project shall be deemed
to fully comply with and discharge any applicable environmental
review requirements that might apply to Federal agencies with
respect to the use of such additional Federal funding sources
for that project.
* * * * * * *
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
2009 through 2013] $650,000,000 for each of fiscal years 2018
through 2022. This section shall take effect on the date of the
enactment of this Act.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
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 activities 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 paragraphs
(2) and (4), and except with respect to loan guarantees
under the demonstration program under title VI,
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) Exception to requirement.--
Notwithstanding paragraph (1), a recipient may
provide housing or housing assistance through
affordable housing activities for which a grant
is provided under this Act to any family that
is not a low-income family, to the extent that
the Secretary approves the activities due to a
need for housing for those families that cannot
reasonably be met without that assistance.
(B) Limits.--The Secretary shall establish
limits on the amount of assistance that may be
provided under this Act for activities for
families who are not low-income families.
(3) Essential 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 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 families
and the need for housing for the family cannot
reasonably be met without such assistance.
(4) Law enforcement officers.--A recipient may
provide housing or housing assistance provided through
affordable housing activities assisted with grant
amounts under this Act for a law enforcement officer on
an Indian reservation or other Indian area, if--
(A) the officer--
(i) is employed on a full-time basis
by the Federal Government or a State,
county, or other unit of local
government, or lawfully recognized
tribal government; and
(ii) in implementing such full-time
employment, is sworn to uphold, and
make arrests for, violations of
Federal, State, county, or tribal law;
and
(B) the recipient determines that the
presence of the law enforcement officer on the
Indian reservation or other Indian area may
deter crime.''.
(5) Law enforcement officers.--Notwithstanding
paragraph (1), a recipient may provide housing or
housing assistance provided through affordable housing
activities assisted with grant amounts under this Act
to a law enforcement officer on the reservation or
other Indian area, who is employed full-time by a
Federal, State, county or tribal government, and in
implementing such full-time employment is sworn to
uphold, and make arrests for violations of Federal,
State, county or tribal law, if the recipient
determines that the presence of the law enforcement
officer on the Indian reservation or other Indian area
may deter crime.
(6) 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 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.
(6) Exemption.--Title VI of the Civil Rights Act of
[1964 and] 1964, title VIII of the Civil Rights Act of
1968, and section 3 of the Housing and Urban
Development Act of 1968 shall not apply to actions by
federally recognized tribes and the tribally designated
housing entities of those tribes under this Act.
* * * * * * *
SEC. 203. PROGRAM REQUIREMENTS.
(a) Rents.--
(1) Establishment.--Subject to [paragraph (2)]
paragraphs (2) and (3), 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 homebuyer
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 applicable) for such dwelling unit may not
exceed 30 percent of the monthly adjusted income of
such family.
(3) Application of tribal policies.--Paragraph (2)
shall not apply if the recipient has a written policy
governing rents and homebuyer payments charged for
dwelling units and such policy includes a provision
governing maximum rents or homebuyer payments.
(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 subsection, 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.
(f) Use of Grant Amounts Over Extended Periods.--
(1) In general.--To the extent that the Indian
housing plan for an Indian tribe provides for the use
of amounts of a grant under section 101 for a period of
more than 1 fiscal year, or for affordable housing
activities for which the amounts will be committed for
use or expended during a subsequent fiscal year, the
Secretary shall not require those amounts to be used or
committed for use at any time earlier than otherwise
provided for in the Indian housing plan.
(2) Carryover.--Any amount of a grant provided to an
Indian tribe under section 101 for a fiscal year that
is not used by the Indian tribe during that fiscal year
may be used by the Indian tribe during any subsequent
fiscal year.
(g) De Minimis Exemption for Procurement of Goods and
Services.--Notwithstanding any other provision of law, a
recipient shall not be required to act in accordance with any
otherwise applicable competitive procurement rule or procedure
with respect to the procurement, using a grant provided under
this Act, of goods and services the value of which is less than
$5,000.
* * * * * * *
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;
(B) in the case of a contract to purchase
existing housing, is made available for
purchase only by a family that is a low-income
family at the time of purchase;
(C) in the case of a lease-purchase agreement
for existing housing or for housing to be
constructed, is made available for lease-
purchase only by a family that is a low-income
family at the time the agreement is entered
into; [and]
(D) in the case of a contract to purchase
housing to be constructed, is made available
for purchase only by a family that is a low-
income family at the time the contract is
entered into; and
(E) notwithstanding any other provision of
this paragraph, in the case of rental housing
that is made available to a current rental
family for conversion to a homebuyer or a
lease-purchase unit, that the current rental
family can purchase through a contract of sale,
lease-purchase agreement, or any other sales
agreement, is made available for purchase only
by the current rental family, if the rental
family was a low-income family at the time of
their initial occupancy of such unit; 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
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 affordability 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.
(c) Applicability.--The provisions of paragraph (2) of
subsection (a) regarding binding commitments for the remaining
useful life of property shall not apply to a family or
household member who subsequently takes ownership of a
homeownership unit. The provisions of such paragraph regarding
binding commitments for the remaining useful life of the
property shall not apply to improvements of privately owned
homes if the cost of such improvements do not exceed 10 percent
of the maximum total development cost for such home.
* * * * * * *
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 standards;
(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 peaceful enjoyment of their premises
by, persons residing in the immediate vicinity
of the premises; or
(C) is criminal activity (including drug-
related criminal activity) on or off the
premises.
(b) Tenant and Homebuyer Selection.--The owner or manager of
affordable rental housing assisted with grant amounts provided
under this Act shall adopt and utilize written tenant and
homebuyer 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 and homebuyers
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 to any
rejected applicant of that rejection and the
grounds for that rejection.
(c) Notice of Termination.--Notwithstanding any other
provision of law, the owner or manager of rental housing that
is assisted in part with amounts provided under this Act and in
part with one or more other sources of Federal funds shall only
utilize leases that require a notice period for the termination
of the lease pursuant to subsection (a)(3).
* * * * * * *
SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING.
Notwithstanding any other provision of law, a recipient
authorized to receive funding under this Act may, in its
discretion, use funding from the Indian Health Service of the
Department of Health and Human Services for construction of
sanitation facilities for housing construction and renovation
projects that are funded in part by funds provided under this
Act.
* * * * * * *
TITLE III--ALLOCATION OF GRANT AMOUNTS
* * * * * * *
SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.
(a) Notification of Obligated, Undisbursed Grant Amounts.--
Subject to subsection (d) of this section, if as of January 1,
2018, or any year thereafter a recipient's total amount of
undisbursed block grants in the Department's line of credit
control system is greater than three times the formula
allocation such recipient would otherwise receive under this
Act for the fiscal year during which such January 1 occurs, the
Secretary shall--
(1) before January 31 of such year, notify the Indian
tribe allocated the grant amounts and any tribally
designated housing entity for the tribe of the
undisbursed funds; and
(2) require the recipient for the tribe to, not later
than 30 days after the Secretary provides notification
pursuant to paragraph (1)--
(A) notify the Secretary in writing of the
reasons why the recipient has not requested the
disbursement of such amounts; and
(B) demonstrate to the satisfaction of the
Secretary that the recipient has the capacity
to spend Federal funds in an effective manner,
which demonstration may include evidence of the
timely expenditure of amounts previously
distributed under this Act to the recipient.
(b) Allocation Amount.--Notwithstanding sections 301 and 302,
the allocation for such fiscal year for a recipient described
in subsection (a) shall be the amount initially calculated
according to the formula minus the difference between the
recipient's total amount of un-dis-bursed block grants in the
Department's line of credit control system on such January 1
and three times the initial formula amount for such fiscal
year.
(c) Reallocation.--Notwithstanding any other provision of
law, any grant amounts not allocated to a recipient pursuant to
subsection (b) shall be allocated under the need component of
the formula proportionately amount all other Indian tribes not
subject to such an adjustment.
(d) Inapplicability.--Subsections (a) and (b) shall not apply
to an Indian tribe with respect to any fiscal year for which
the amount allocated for the tribe for block grants under this
Act is less than $5,000,000.
(e) Effectiveness.--This section shall not require the
issuance of any regulation to take effect and shall not be
construed to confer hearing rights under this or any other
section of this Act.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
* * * * * * *
SEC. 405. REVIEW AND AUDIT BY SECRETARY.
(a) Requirements Under Chapter 75 of Title 31, United States
Code.--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 entities
under that chapter.
(b) Additional Reviews and Audits.--
(1) In general.--In addition to any audit or review
under subsection (a), to the extent the Secretary
determines such action to be appropriate, the Secretary
may conduct an audit or review 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
certification 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) On-site visits.--To the extent practicable, the
reviews and audits conducted under this subsection
shall include on-site visits by the appropriate
official of the Department of Housing and Urban
Development.
(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.
(3) Issuance of final report.--The Secretary shall
issue a final report within 60 days after receiving
comments under paragraph (1) from a recipient.
(d) Effect of Reviews.--Subject to section 401(a), after
reviewing the reports and audits relating to a recipient that
are submitted to the Secretary under this section, the
Secretary may adjust the amount of a grant made to a recipient
under this Act in accordance with the findings of the Secretary
with respect to those reports and audits.
* * * * * * *
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]
Committee on Financial Services and the Committee on Natural
Resources of the House of Representatives, to the Committee on
Indian Affairs and the Committee on Banking, Housing, and Urban
Affairs of the Senate, and to any subcommittees of such
committees having jurisdiction with respect to Native American
and Alaska Native affairs, 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).
(c) Public Availability to Recipients.--Each report submitted
pursuant to subsection (a) shall be made publicly available to
recipients.
* * * * * * *
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
* * * * * * *
SEC. 702. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
(a) Authority To Lease.--Notwithstanding any other provision
of law, any trust or restricted Indian lands, whether tribally
or individually owned, may be leased by the Indian owners,
subject to the approval of the affected Indian tribe and the
Secretary of the Interior, for housing development and
residential purposes.
(b) Term.--Each lease pursuant to subsection (a) shall be for
a term not exceeding [50 years] 99 years.
(c) Rule of Construction.--This section may not be construed
to repeal, limit, or affect any authority to lease any trust or
restricted Indian lands that--
(1) is conferred by or pursuant to any other
provision of law, whether enacted before, on, or after
the date of the enactment of this section; or
(2) provides for leases for any period exceeding [50
years] 99 years.
(d) Self-Implementation.--This section is intended to be
self-implementing and shall not require the issuance of any
rule, regulation, or order to take effect as provided in
section 705.
* * * * * * *
TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION AUTHORITY
FOR NATIVE AMERICAN HOUSING
SEC. 901. AUTHORITY.
(a) In General.--In addition to any other authority provided
in this Act for the construction, development, maintenance, and
operation of housing for Indian families, the Secretary shall
provide the participating tribes having final plans approved
pursuant to section 905 with the authority to exercise the
activities provided under this title and such plan for the
acquisition and development of housing to meet the needs of
tribal members.
(b) Inapplicability of NAHASDA Provisions.--Except as
specifically provided otherwise in this title, titles I through
IV, VI, and VII shall not apply to a participating tribe's use
of funds during any period that the tribe is participating in
the demonstration program under this title.
(c) Continued Applicability of Certain NAHASDA Provisions.--
The following provisions of titles I through VIII shall apply
to the demonstration program under this title and amounts made
available under the demonstration program under this title:
(1) Subsections (d) and (e) of section 101 (relating
to tax exemption).
(2) Section 101(j) (relating to Federal supply
sources).
(3) Section 101(k) (relating to tribal preference in
employment and contracting).
(4) Section 104 (relating to treatment of program
income and labor standards).
(5) Section 105 (relating to environmental review).
(6) Section 201(b) (relating to eligible families),
except as otherwise provided in this title.
(7) Section 203(g) (relating to a de minimis
exemption for procurement of goods and services).
(8) Section 702 (relating to 99-year leasehold
interests in trust or restricted lands for housing
purposes).
SEC. 902. PARTICIPATING TRIBES.
(a) Request to Participate.--To be eligible to participate in
the demonstration program under this title, an Indian tribe
shall submit to the Secretary a notice of intention to
participate during the 60-day period beginning on the date of
the enactment of this title, in such form and such manner as
the Secretary shall provide.
(b) Cooperative Agreement.--Upon approval under section 905
of the final plan of an Indian tribe for participation in the
demonstration program under this title, the Secretary shall
enter into a cooperative agreement with the participating tribe
that provides such tribe with the authority to carry out
activities under the demonstration program.
(c) Limitation.--The Secretary may not approve more than 20
Indian tribes for participation in the demonstration program
under this title.
SEC. 903. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER.
(a) Request for Quotes.--Not later than the expiration of the
180-day period beginning upon notification to the Secretary by
an Indian tribe of intention to participate in the
demonstration program under this title, the Indian tribe
shall--
(1) obtain assistance from a qualified entity in
assessing the housing needs, including the affordable
housing needs, of the tribe; and
(2) release a request for quotations from entities
interested in partnering with the tribe in designing
and carrying out housing activities sufficient to meet
the tribe's housing needs as identified pursuant to
paragraph (1).
(b) Selection of Investor Partner.--
(1) In general.--Except as provided in paragraph (2),
not later than the expiration of the 18-month period
beginning on the date of the enactment of this title,
an Indian tribe requesting to participate in the
demonstration program under this title shall--
(A) select an investor partner from among the
entities that have responded to the tribe's
request for quotations; and
(B) together with such investor partner,
establish and submit to the Secretary a final
plan that meets the requirements under section
904.
(2) Exceptions.--The Secretary may extend the period
under paragraph (1) for any tribe that--
(A) has not received any satisfactory
quotation in response to its request released
pursuant to subsection (a)(2); or
(B) has any other satisfactory reason, as
determined by the Secretary, for failure to
select an investor partner.
SEC. 904. FINAL PLAN.
A final plan under this section shall--
(1) be developed by the participating tribe and the
investor partner for the tribe selected pursuant to
section 903(b)(1)(A);
(2) identify the qualified entity that assisted the
tribe in assessing the housing needs of the tribe;
(3) set forth a detailed description of such
projected housing needs, including affordable housing
needs, of the tribe, which shall include--
(A) a description of such need over the
ensuing 24 months and thereafter until the
expiration of the ensuing 5-year period or
until the affordable housing need is met,
whichever occurs sooner; and
(B) the same information that would be
required under section 102 to be included in an
Indian housing plan for the tribe, as such
requirements may be modified by the Secretary
to take consideration of the requirements of
the demonstration program under this title;
(4) provide for specific housing activities
sufficient to meet the tribe's housing needs, including
affordable housing needs, as identified pursuant to
paragraph (3) within the periods referred to such
paragraph, which shall include--
(A) development of affordable housing (as
such term is defined in section 4 of this Act
(25 U.S.C. 4103));
(B) development of conventional homes for
rental, lease-to-own, or sale, which may be
combined with affordable housing developed
pursuant to subparagraph (A);
(C) development of housing infrastructure,
including housing infrastructure sufficient to
serve affordable housing developed under the
plan; and
(D) investments by the investor partner for
the tribe, the participating tribe, members of
the participating tribe, and financial
institutions and other outside investors
necessary to provide financing for the
development of housing under the plan and for
mortgages for tribal members purchasing such
housing;
(5) provide that the participating tribe will agree
to provide long-term leases to tribal members
sufficient for lease-to-own arrangements for, and sale
of, the housing developed pursuant to paragraph (4);
(6) provide that the participating tribe--
(A) will be liable for delinquencies under
mortgage agreements for housing developed under
the plan that are financed under the plan and
entered into by tribal members; and
(B) shall, upon foreclosure under such
mortgages, take possession of such housing and
have the responsibility for making such housing
available to other tribal members;
(7) provide for sufficient protections, in the
determination of the Secretary, to ensure that the
tribe and the Federal Government are not liable for the
acts of the investor partner or of any contractors;
(8) provide that the participating tribe shall have
sole final approval of design and location of housing
developed under the plan;
(9) set forth specific deadlines and schedules for
activities to be undertaken under the plan and set
forth the responsibilities of the participating tribe
and the investor partner;
(10) set forth specific terms and conditions of
return on investment by the investor partner and other
investors under the plan, and provide that the
participating tribe shall pledge grant amounts
allocated for the tribe pursuant to title III for such
return on investment;
(11) set forth the terms of a cooperative agreement
on the operation and management of the current
assistance housing stock and current housing stock for
the tribe assisted under the preceding titles of this
Act;
(12) set forth any plans for sale of affordable
housing of the participating tribe under section 907
and, if included, plans sufficient to meet the
requirements of section 907 regarding meeting future
affordable housing needs of the tribe;
(13) set forth terms for enforcement of the plan,
including an agreement regarding jurisdiction of any
actions under or to enforce the plan, including a
waiver of immunity; and
(14) include such other information as the
participating tribe and investor partner consider
appropriate.
SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.
(a) In General.--Not later than the expiration of the 90-day
period beginning upon a submission by an Indian tribe of a
final plan under section 904 to the Secretary, the Secretary
shall--
(1) review the plan and the process by which the
tribe solicited requests for quotations from investors
and selected the investor partner; and
(2)(A) approve the plan, unless the Secretary
determines that--
(i) the assessment of the tribe's housing
needs by the qualified entity, or as set forth
in the plan pursuant to section 904(3), is
inaccurate or insufficient;
(ii) the process established by the tribe to
solicit requests for quotations and select an
investor partner was insufficient or negligent;
or
(iii) the plan is insufficient to meet the
housing needs of the tribe, as identified in
the plan pursuant to section 904(3);
(B) approve the plan, on the condition that the
participating tribe and the investor make such
revisions to the plan as the Secretary may specify as
appropriate to meet the needs of the tribe for
affordable housing; or
(C) disapprove the plan, only if the Secretary
determines that the plan fails to meet the minimal
housing standards and requirements set forth in this
Act and the Secretary notifies the tribe of the
elements requiring the disapproval.
(b) Action Upon Disapproval.--
(1) Re-submission of plan.--Subject to paragraph (2),
in the case of any disapproval of a final plan of an
Indian tribe pursuant to subsection (a)(3), the
Secretary shall allow the tribe a period of 180 days
from notification to the tribe of such disapproval to
re-submit a revised plan for approval.
(2) Limitation.--If the final plan for an Indian
tribe is disapproved twice and resubmitted twice
pursuant to the authority under paragraph (1) and, upon
such second re-submission of the plan the Secretary
disapproves the plan, the tribe may not re-submit the
plan again and shall be ineligible to participate in
the demonstration program under this title.
(c) Tribe Authority of Housing Design and Location.--The
Secretary may not disapprove a final plan under section 904, or
condition approval of such a plan, based on the design or
location of any housing to be developed or assisted under the
plan.
(d) Failure to Notify.--If the Secretary does not notify a
participating tribe submitting a final plan of approval,
conditional approval, or disapproval of the plan before the
expiration of the period referred to in paragraph (1), the plan
shall be considered as approved for all purposes of this title.
SEC. 906. TREATMENT OF NAHASDA ALLOCATION.
Amounts otherwise allocated for a participating tribe under
title III of this Act (25 U.S.C. 4151 et seq.) shall not be
made available to the tribe under titles I through VIII, but
shall only be available for the tribe, upon request by the
tribe and approval by the Secretary, for the following
purposes:
(1) Return on investment.--Such amounts as are
pledged by a participating tribe pursuant to section
904(10) for return on the investment made by the
investor partner or other investors may be used by the
Secretary to ensure such full return on investment.
(2) Administrative expenses.--The Secretary may
provide to a participating tribe, upon the request of a
tribe, not more than 10 percent of any annual
allocation made under title III for the tribe during
such period for administrative costs of the tribe in
completing the processes to carry out sections 903 and
904.
(3) Housing infrastructure costs.--A participating
tribe may use such amounts for housing infrastructure
costs associated with providing affordable housing for
the tribe under the final plan.
(4) Maintenance; tenant services.--A participating
tribe may use such amounts for maintenance of
affordable housing for the tribe and for housing
services, housing management services, and crime
prevention and safety activities described in
paragraphs (3), (4), and (5), respectively, of section
202.
SEC. 907. RESALE OF AFFORDABLE HOUSING.
Notwithstanding any other provision of this Act, a
participating tribe may, in accordance with the provisions of
the final plan of the tribe approved pursuant to section 905,
resell any affordable housing developed with assistance made
available under this Act for use other than as affordable
housing, but only if the tribe provides such assurances as the
Secretary determines are appropriate to ensure that--
(1) the tribe is meeting its need for affordable
housing;
(2) will provide affordable housing in the future
sufficient to meet future affordable housing needs; and
(3) will use any proceeds only to meet such future
affordable housing needs or as provided in section 906.
SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.
(a) Annual Reports by Tribe.--Each participating tribe shall
submit a report to the Secretary annually regarding the
progress of the tribe in complying with, and meeting the
deadlines and schedules set forth under the approved final plan
for the tribe. Such reports shall contain such information as
the Secretary shall require.
(b) Reports to Congress.--The Secretary shall submit a report
to the Congress annually describing the activities and progress
of the demonstration program under this title, which shall--
(1) summarize the information in the reports
submitted by participating tribes pursuant to
subsection (a);
(2) identify the number of tribes that have selected
an investor partner pursuant to a request for
quotations;
(3) include, for each tribe applying for
participating in the demonstration program whose final
plan was disapproved under section 905(a)(2)(C), a
detailed description and explanation of the reasons for
disapproval and all actions taken by the tribe to
eliminate the reasons for disapproval, and identify
whether the tribe has re-submitted a final plan;
(4) identify, by participating tribe, any amounts
requested and approved for use under section 906; and
(5) identify any participating tribes that have
terminated participation in the demonstration program
and the circumstances of such terminations.
(c) Audits.--The Secretary shall provide for audits among
participating tribes to ensure that the final plans for such
tribes are being implemented and complied with. Such audits
shall include on-site visits with participating tribes and
requests for documentation appropriate to ensure such
compliance.
SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.
(a) Termination of Participation.--A participating tribe may
terminate participation in the demonstration program under this
title at any time, subject to this section.
(b) Effect on Existing Obligations.--
(1) No automatic termination.--Termination by a
participating tribe in the demonstration program under
this section shall not terminate any obligations of the
tribe under agreements entered into under the
demonstration program with the investor partner for the
tribe or any other investors or contractors.
(2) Authority to mutually terminate agreements.--
Nothing in this title may be construed to prevent a
tribe that terminates participation in the
demonstration program under this section and any party
with which the tribe has entered into an agreement from
mutually agreeing to terminate such agreement.
(c) Receipt of Remaining Grant Amounts.--The Secretary shall
provide for grants to be made in accordance with, and subject
to the requirements of, this Act for any amounts remaining
after use pursuant to section 906 from the allocation under
title III for a participating tribe that terminates
participation in the demonstration program.
(d) Costs and Obligations.--The Secretary shall not be liable
for any obligations or costs incurred by an Indian tribe during
its participation in the demonstration program under this
title.
SEC. 910. FINAL REPORT.
Not later than the expiration of the 5-year period beginning
on the date of the enactment of this title, the Secretary shall
submit a final report to the Congress regarding the
effectiveness of the demonstration program, which shall
include--
(1) an assessment of the success, under the
demonstration program, of participating tribes in
meeting their housing needs, including affordable
housing needs, on tribal land;
(2) recommendations for any improvements in the
demonstration program; and
(3) a determination of whether the demonstration
should be expanded into a permanent program available
for Indian tribes to opt into at any time and, if so,
recommendations for such expansion, including any
legislative actions necessary to expand the program.
SEC. 911. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Affordable housing.--The term ``affordable
housing'' has the meaning given such term in section 4
(25 U.S.C. 4103).
(2) Housing infrastructure.--The term ``housing
infrastructure'' means basic facilities, services,
systems, and installations necessary or appropriate for
the functioning of a housing community, including
facilities, services, systems, and installations for
water, sewage, power, communications, and
transportation.
(3) Long-term lease.--The term ``long-term lease''
means an agreement between a participating tribe and a
tribal member that authorizes the tribal member to
occupy a specific plot of tribal lands for 50 or more
years and to request renewal of the agreement at least
once.
(4) Participating tribes.--The term ``participating
tribe'' means an Indian tribe for which a final plan
under section 904 for participation in the
demonstration program under this title has been
approved by the Secretary under section 905.
SEC. 912. NOTICE.
The Secretary shall establish any requirements and criteria
as may be necessary to carry out the demonstration program
under this title by notice published in the Federal Register.
----------
UNITED STATES HOUSING ACT OF 1937
TITLE I--GENERAL PROGRAM OF ASSISTED HOUSING
* * * * * * *
lower income housing assistance
Sec. 8. (a) For the purpose of aiding lower-income families
in obtaining a decent place to live and of promoting
economically mixed housing, assistance payments may be made
with respect to existing housing in accordance with the
provisions of this section.
(b) Other Existing Housing Programs.--(1) In general.--The
Secretary is authorized to enter into annual contributions
contracts with public housing agencies pursuant to which such
agencies may enter into contracts to make assistance payments
to owners of existing dwelling units in accordance with this
section. In areas where no public housing agency has been
organized or where the Secretary determines that a public
housing agency is unable to implement the provisions of this
section, the Secretary is authorized to enter into such
contracts and to perform the other functions assigned to a
public housing agency by this section.
(2) The Secretary is authorized to enter into annual
contributions contracts with public housing agencies for the
purpose of replacing public housing transferred in accordance
with title III of this Act. Each contract entered into under
this subsection shall be for a term of not more than 60 months.
(c)(1)(A) An assistance contract entered into pursuant to
this section shall establish the maximum monthly rent
(including utilities and all maintenance and management
charges) which the owner is entitled to receive for each
dwelling unit with respect to which such assistance payments
are to be made. The maximum monthly rent shall not exceed by
more than 10 per centum the fair market rental established by
the Secretary periodically but not less than annually for
existing or newly constructed rental dwelling units of various
sizes and types in the market area suitable for occupancy by
persons assisted under this section, except that the maximum
monthly rent may exceed the fair market rental (A) by more than
10 but not more than 20 per centum where the Secretary
determines that special circumstances warrant such higher
maximum rent or that such higher rent is necessary to the
implementation of a housing strategy as defined in section 105
of the Cranston-Gonzalez National Affordable Housing Act, or
(B) by such higher amount as may be requested by a tenant and
approved by the public housing agency in accordance with
paragraph (3)(B). In the case of newly constructed and
substantially rehabilitated units, the exception in the
preceding sentence shall not apply to more than 20 per centum
of the total amount of authority to enter into annual
contributions contracts for such units which is allocated to an
area and obligated with respect to any fiscal year beginning on
or after October 1, 1980. Each fair market rental in effect
under this subsection shall be adjusted to be effective on
October 1 of each year to reflect changes, based on the most
recent available data trended so the rentals will be current
for the year to which they apply, of rents for existing or
newly constructed rental dwelling units, as the case may be, of
various sizes and types in the market area suitable for
occupancy by persons assisted under this section.
Notwithstanding any other provision of this section, after the
date of enactment of the Housing and Community Development Act
of 1977, the Secretary shall prohibit high-rise elevator
projects for families with children unless there is no
practical alternative. If units assisted under this section are
exempt from local rent control while they are so assisted or
otherwise, the maximum monthly rent for such units shall be
reasonable in comparison with other units in the market area
that are exempt from local rent control.
(B) Fair market rentals for an area shall be published not
less than annually by the Secretary on the site of the
Department on the World Wide Web and in any other manner
specified by the Secretary. Notice that such fair market
rentals are being published shall be published in the Federal
Register, and such fair market rentals shall become effective
no earlier than 30 days after the date of such publication. The
Secretary shall establish a procedure for public housing
agencies and other interested parties to comment on such fair
market rentals and to request, within a time specified by the
Secretary, reevaluation of the fair market rentals in a
jurisdiction before such rentals become effective. The
Secretary shall cause to be published for comment in the
Federal Register notices of proposed material changes in the
methodology for estimating fair market rentals and notices
specifying the final decisions regarding such proposed
substantial methodological changes and responses to public
comments.
(2)(A) The assistance contract shall provide for adjustment
annually or more frequently in the maximum monthly rents for
units covered by the contract to reflect changes in the fair
market rentals established in the housing area for similar
types and sizes of dwelling units or, if the Secretary
determines, on the basis of a reasonable formula. However,
where the maximum monthly rent, for a unit in a new
construction, substantial rehabilitation, or moderate
rehabilitation project, to be adjusted using an annual
adjustment factor exceeds the fair market rental for an
existing dwelling unit in the market area, the Secretary shall
adjust the rent only to the extent that the owner demonstrates
that the adjusted rent would not exceed the rent for an
unassisted unit of similar quality, type, and age in the same
market area, as determined by the Secretary. The immediately
foregoing sentence shall be effective only during fiscal year
1995, fiscal year 1996 prior to April 26, 1996, and fiscal
years 1997 and 1998, and during fiscal year 1999 and
thereafter. Except for assistance under the certificate
program, for any unit occupied by the same family at the time
of the last annual rental adjustment, where the assistance
contract provides for the adjustment of the maximum monthly
rent by applying an annual adjustment factor and where the rent
for a unit is otherwise eligible for an adjustment based on the
full amount of the factor, 0.01 shall be subtracted from the
amount of the factor, except that the factor shall not be
reduced to less than 1.0. In the case of assistance under the
certificate program, 0.01 shall be subtracted from the amount
of the annual adjustment factor (except that the factor shall
not be reduced to less than 1.0), and the adjusted rent shall
not exceed the rent for a comparable unassisted unit of similar
quality, type, and age in the market area. The immediately
foregoing two sentences shall be effective only during fiscal
year 1995, fiscal year 1996 prior to April 26, 1996, and fiscal
years 1997 and 1998, and during fiscal year 1999 and
thereafter. In establishing annual adjustment factors for units
in new construction and substantial rehabilitation projects,
the Secretary shall take into account the fact that debt
service is a fixed expense. The immediately foregoing sentence
shall be effective only during fiscal year 1998.
(B) The contract shall further provide for the Secretary to
make additional adjustments in the maximum monthly rent for
units under contract to the extent he determines such
adjustments are necessary to reflect increases in the actual
and necessary expenses of owning and maintaining the units
which have resulted from substantial general increases in real
property taxes, utility rates, or similar costs which are not
adequately compensated for by the adjustment in the maximum
monthly rent authorized by subparagraph (A). The Secretary
shall make additional adjustments in the maximum monthly rent
for units under contract (subject to the availability of
appropriations for contract amendments) to the extent the
Secretary determines such adjustments are necessary to reflect
increases in the actual and necessary expenses of owning and
maintaining the units that have resulted from the expiration of
a real property tax exemption. Where the Secretary determines
that a project assisted under this section is located in a
community where drug-related criminal activity is generally
prevalent and the project's operating, maintenance, and capital
repair expenses have been substantially increased primarily as
a result of the prevalence of such drug-related activity, the
Secretary may (at the discretion of the Secretary and subject
to the availability of appropriations for contract amendments
for this purpose), on a project by project basis, provide
adjustments to the maximum monthly rents, to a level no greater
than 120 percent of the project rents, to cover the costs of
maintenance, security, capital repairs, and reserves required
for the owner to carry out a strategy acceptable to the
Secretary for addressing the problem of drug-related criminal
activity. Any rent comparability standard required under this
paragraph may be waived by the Secretary to so implement the
preceding sentence. The Secretary may (at the discretion of the
Secretary and subject to the availability of appropriations for
contract amendments), on a project by project basis for
projects receiving project-based assistance, provide
adjustments to the maximum monthly rents to cover the costs of
evaluating and reducing lead-based paint hazards, as defined in
section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992.
(C) Adjustments in the maximum rents under subparagraphs (A)
and (B) shall not result in material differences between the
rents charged for assisted units and unassisted units of
similar quality, type, and age in the same market area, as
determined by the Secretary. In implementing the limitation
established under the preceding sentence, the Secretary shall
establish regulations for conducting comparability studies for
projects where the Secretary has reason to believe that the
application of the formula adjustments under subparagraph (A)
would result in such material differences. The Secretary shall
conduct such studies upon the request of any owner of any
project, or as the Secretary determines to be appropriate by
establishing, to the extent practicable, a modified annual
adjustment factor for such market area, as the Secretary shall
designate, that is geographically smaller than the applicable
housing area used for the establishment of the annual
adjustment factor under subparagraph (A). The Secretary shall
establish such modified annual adjustment factor on the basis
of the results of a study conducted by the Secretary of the
rents charged, and any change in such rents over the previous
year, for assisted units and unassisted units of similar
quality, type, and age in the smaller market area. Where the
Secretary determines that such modified annual adjustment
factor cannot be established or that such factor when applied
to a particular project would result in material differences
between the rents charged for assisted units and unassisted
units of similar quality, type, and age in the same market
area, the Secretary may apply an alternative methodology for
conducting comparability studies in order to establish rents
that are not materially different from rents charged for
comparable unassisted units. If the Secretary or appropriate
State agency does not complete and submit to the project owner
a comparability study not later than 60 days before the
anniversary date of the assistance contract under this section,
the automatic annual adjustment factor shall be applied. The
Secretary may not reduce the contract rents in effect on or
after April 15, 1987, for newly constructed, substantially
rehabilitated, or moderately rehabilitated projects assisted
under this section (including projects assisted under this
section as in effect prior to November 30, 1983), unless the
project has been refinanced in a manner that reduces the
periodic payments of the owner. Any maximum monthly rent that
has been reduced by the Secretary after April 14, 1987, and
prior to the enactment of this sentence shall be restored to
the maximum monthly rent in effect on April 15, 1987. For any
project which has had its maximum monthly rents reduced after
April 14, 1987, the Secretary shall make assistance payments
(from amounts reserved for the original contract) to the owner
of such project in an amount equal to the difference between
the maximum monthly rents in effect on April 15, 1987, and the
reduced maximum monthly rents, multiplied by the number of
months that the reduced maximum monthly rents were in effect.
(3) The amount of the monthly assistance payment with respect
to any dwelling unit shall be the difference between the
maximum monthly rent which the contract provides that the owner
is to receive for the unit and the rent the family is required
to pay under section 3(a) of this Act.
(4) The assistance contract shall provide that assistance
payments may be made only with respect to a dwelling unit under
lease for occupancy by a family determined to be a lower income
family at the time it initially occupied such dwelling unit,
except that such payments may be made with respect to
unoccupied units for a period not exceeding sixty days (A) in
the event that a family vacates a dwelling unit before the
expiration date of the lease for occupancy or (B) where a good
faith effort is being made to fill an unoccupied unit, and,
subject to the provisions of the following sentence, such
payments may be made, in the case of a newly constructed or
substantially rehabilitated project, after such sixty-day
period in an amount equal to the debt service attributable to
such an unoccupied dwelling unit for a period not to exceed one
year, if a good faith effort is being made to fill the unit and
the unit provides decent, safe, and sanitary housing. No such
payment may be made after such sixty-day period if the
Secretary determines that the dwelling unit is in a project
which provides the owner with revenues exceeding the costs
incurred by such owner with respect to such project.
(5) The Secretary shall take such steps as may be necessary,
including the making of contracts for assistance payments in
amounts in excess of the amounts required at the time of the
initial renting of dwelling units, the reservation of annual
contributions authority for the purpose of amending housing
assistance contracts, or the allocation of a portion of new
authorizations for the purpose of amending housing assistance
contracts, to assure that assistance payments are increased on
a timely basis to cover increases in maximum monthly rents or
decreases in family incomes.
(8)(A) Not less than one year before termination of any
contract under which assistance payments are received under
this section, other than a contract for tenant-based assistance
under this section, an owner shall provide written notice to
the Secretary and the tenants involved of the proposed
termination. The notice shall also include a statement that, if
the Congress makes funds available, the owner and the Secretary
may agree to a renewal of the contract, thus avoiding
termination, and that in the event of termination the
Department of Housing and Urban Development will provide
tenant-based rental assistance to all eligible residents,
enabling them to choose the place they wish to rent, which is
likely to include the dwelling unit in which they currently
reside. Any contract covered by this paragraph that is renewed
may be renewed for a period of up to 1 year or any number or
years, with payments subject to the availability of
appropriations for any year.
(B) In the event the owner does not provide the notice
required, the owner may not evict the tenants or increase the
tenants' rent payment until such time as the owner has provided
the notice and 1 year has elapsed. The Secretary may allow the
owner to renew the terminating contract for a period of time
sufficient to give tenants 1 year of advance notice under such
terms and conditions as the Secretary may require.
(C) Any notice under this paragraph shall also comply with
any additional requirements established by the Secretary.
(D) For purposes of this paragraph, the term ``termination''
means the expiration of the assistance contract or an owner's
refusal to renew the assistance contract, and such term shall
include termination of the contract for business reasons.
(d)(1) Contracts to make assistance payments entered into by
a public housing agency with an owner of existing housing units
shall provide (with respect to any unit) that--
(A) the selection of tenants shall be the function of
the owner, subject to the annual contributions contract
between the Secretary and the agency, except that with
respect to the certificate and moderate rehabilitation
programs only, for the purpose of selecting families to
be assisted, the public housing agency may establish
local preferences, consistent with the public housing
agency plan submitted under section 5A (42 U.S.C.
1437c-1) by the public housing agency;
(B)(i) the lease between the tenant and the owner
shall be for at least one year or the term of such
contract, whichever is shorter, and shall contain other
terms and conditions specified by the Secretary;
(ii) during the term of the lease, the owner shall
not terminate the tenancy except for serious or
repeated violation of the terms and conditions of the
lease, for violation of applicable Federal, State, or
local law, or for other good cause;
(iii) during the term of the lease, any criminal
activity that threatens the health, safety, or right to
peaceful enjoyment of the premises by other tenants,
any criminal activity that threatens the health,
safety, or right to peaceful enjoyment of their
residences by persons residing in the immediate
vicinity of the premises, or any drug-related criminal
activity on or near such premises, engaged in by a
tenant of any unit, any member of the tenant's
household, or any guest or other person under the
tenant's control, shall be cause for termination of
tenancy;
(iv) any termination of tenancy shall be preceded by
the owner's provision of written notice to the tenant
specifying the grounds for such action; and
(v) it shall be cause for termination of the
tenancy of a tenant if such tenant--
(I) is fleeing to avoid prosecution,
or custody or confinement after
conviction, under the laws of the place
from which the individual flees, for a
crime, or attempt to commit a crime,
which is a felony under the laws of the
place from which the individual flees,
or which, in the case of the State of
New Jersey, is a high misdemeanor under
the laws of such State; or
(II) is violating a condition of
probation or parole imposed under
Federal or State law;
(C) maintenance and replacement (including
redecoration) shall be in accordance with the standard
practice for the building concerned as established by
the owner and agreed to by the agency; and
(D) the agency and the owner shall carry out such
other appropriate terms and conditions as may be
mutually agreed to by them.
(2)(A) Each contract for an existing structure entered into
under this section shall be for a term of not less than one
month nor more than one hundred and eighty months. The
Secretary shall permit public housing agencies to enter into
contracts for assistance payments of less than 12 months
duration in order to avoid disruption in assistance to eligible
families if the annual contributions contract is within 1 year
of its expiration date.
(B)(i) In determining the amount of assistance provided under
an assistance contract for project-based assistance under this
paragraph or a contract for assistance for housing constructed
or substantially rehabilitated pursuant to assistance provided
under section 8(b)(2) of this Act (as such section existed
immediately before October 1, 1983), the Secretary may consider
and annually adjust, with respect to such project, for the cost
of employing or otherwise retaining the services of one or more
service coordinators under section 661 of the Housing and
Community Development Act of 1992 to coordinate the provision
of any services within the project for residents of the project
who are elderly or disabled families.
(ii) The budget authority available under section 5(c) for
assistance under this section is authorized to be increased by
$15,000,000 on or after October 1, 1992, and by $15,000,000 on
or after October 1, 1993. Amounts made available under this
subparagraph shall be used to provide additional amounts under
annual contributions contracts for assistance under this
section which shall be made available through assistance
contracts only for the purpose of providing service
coordinators under clause (i) for projects receiving project-
based assistance under this paragraph and to provide additional
amounts under contracts for assistance for projects constructed
or substantially rehabilitated pursuant to assistance provided
under section 8(b)(2) of this Act (as such section existed
immediately before October 1, 1983) only for such purpose.
(C) An assistance contract for project-based
assistance under this paragraph shall provide that the
owner shall ensure and maintain compliance with
subtitle C of title VI of the Housing and Community
Development Act of 1992 and any regulations issued
under such subtitle.
(D) An owner of a covered section 8 housing project
(as such term is defined in section 659 of the Housing
and Community Development Act of 1992) may give
preference for occupancy of dwelling units in the
project, and reserve units for occupancy, in accordance
with subtitle D of title VI of the Housing and
Community Development Act of 1992.
(3) Notwithstanding any other provision of law, with the
approval of the Secretary the public housing agency
administering a contract under this section with respect to
existing housing units may exercise all management and
maintenance responsibilities with respect to those units
pursuant to a contract between such agency and the owner of
such units.
(4) A public housing agency that serves more than one unit of
general local government may, at the discretion of the agency,
in allocating assistance under this section, give priority to
disabled families that are not elderly families.
(5) Calculation of limit.--Any contract entered into
under section 514 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 shall be excluded
in computing the limit on project-based assistance
under this subsection.
(6) Treatment of common areas.--The Secretary may not provide
any assistance amounts pursuant to an existing contract for
project-based assistance under this section for a housing
project and may not enter into a new or renewal contract for
such assistance for a project unless the owner of the project
provides consent, to such local law enforcement agencies as the
Secretary determines appropriate, for law enforcement officers
of such agencies to enter common areas of the project at any
time and without advance notice upon a determination of
probable cause by such officers that criminal activity is
taking place in such areas.
(e)(1) Nothing in this Act shall be deemed to prohibit an
owner from pledging, or offering as security for any loan or
obligation, a contract for assistance payments entered into
pursuant to this section: Provided, That such security is in
connection with a project constructed or rehabilitated pursuant
to authority granted in this section, and the terms of the
financing or any refinancing have been approved by the
Secretary.
[(2)]
(f) As used in this section--
(1) the term ``owner'' means any private person or
entity, including a cooperative, an agency of the
Federal Government, or a public housing agency, having
the legal right to lease or sublease dwelling units;
(2) the terms ``rent'' or ``rental'' mean, with
respect to members of a cooperative, the charges under
the occupancy agreements between such members and the
cooperative;
(3) the term ``debt service'' means the required
payments for principal and interest made with respect
to a mortgage secured by housing assisted under this
Act;
(4) the term ``participating jurisdiction'' means a
State or unit of general local government designated by
the Secretary to be a participating jurisdiction under
title II of the Cranston-Gonzalez National Affordable
Housing Act;
(5) 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
defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802));
(6) the term ``project-based assistance'' means
rental assistance under subsection (b) that is attached
to the structure pursuant to subsection (d)(2) or
(o)(13); and
(7) the term ``tenant-based assistance'' means rental
assistance under subsection (o) that is not project-
based assistance and that provides for the eligible
family to select suitable housing and to move to other
suitable housing.
(g) Notwithstanding any other provision of this Act,
assistance payments under this section may be provided, in
accordance with regulations prescribed by the Secretary, with
respect to some or all of the units in any project approved
pursuant to section 202 of the Housing Act of 1959.
(h) Sections 5(e) and 6 and any other provisions of this Act
which are inconsistent with the provisions of this section
shall not apply to contracts for assistance entered into under
this section.
(i) The Secretary may not consider the receipt by a public
housing agency of assistance under section 811(b)(1) of the
Cranston-Gonzalez National Affordable Housing Act, or the
amount received, in approving assistance for the agency under
this section or determining the amount of such assistance to be
provided.
[(j)]
(k) The Secretary shall establish procedures which are
appropriate and necessary to assure that income data provided
to public housing agencies and owners by families applying for
or receiving assistance under this section is complete and
accurate. In establishing such procedures, the Secretary shall
randomly, regularly, and periodically select a sample of
families to authorize the Secretary to obtain information on
these families for the purpose of income verification, or to
allow those families to provide such information themselves.
Such information may include, but is not limited to, data
concerning unemployment compensation and Federal income
taxation and data relating to benefits made available under the
Social Security Act, the Food and Nutrition Act of 2008, or
title 38, United States Code. Any such information received
pursuant to this subsection shall remain confidential and shall
be used only for the purpose of verifying incomes in order to
determine eligibility of families for benefits (and the amount
of such benefits, if any) under this section.
(o) Voucher Program.--
(1) Authority.--
(A) In general.--The Secretary may provide
assistance to public housing agencies for
tenant-based assistance using a payment
standard established in accordance with
subparagraph (B). The payment standard shall be
used to determine the monthly assistance that
may be paid for any family, as provided in
paragraph (2).
(B) Establishment of payment standard.--
Except as provided under subparagraph (D), the
payment standard for each size of dwelling unit
in a market area shall not exceed 110 percent
of the fair market rental established under
subsection (c) for the same size of dwelling
unit in the same market area and shall be not
less than 90 percent of that fair market
rental, except that no public housing agency
shall be required as a result of a reduction in
the fair market rental to reduce the payment
standard applied to a family continuing to
reside in a unit for which the family was
receiving assistance under this section at the
time the fair market rental was reduced. The
Secretary shall allow public housing agencies
to request exception payment standards within
fair market rental areas subject to criteria
and procedures established by the Secretary.
(C) Set-aside.--The Secretary may set aside
not more than 5 percent of the budget authority
made available for assistance under this
subsection as an adjustment pool. The Secretary
shall use amounts in the adjustment pool to
make adjusted payments to public housing
agencies under subparagraph (A), to ensure
continued affordability, if the Secretary
determines that additional assistance for such
purpose is necessary, based on documentation
submitted by a public housing agency.
(D) Approval.--The Secretary may require a
public housing agency to submit the payment
standard of the public housing agency to the
Secretary for approval, if the payment standard
is less than 90 percent of the fair market
rental or exceeds 110 percent of the fair
market rental, except that a public housing
agency may establish a payment standard of not
more than 120 percent of the fair market rent
where necessary as a reasonable accommodation
for a person with a disability, without
approval of the Secretary. A public housing
agency may use a payment standard that is
greater than 120 percent of the fair market
rent as a reasonable accommodation for a person
with a disability, but only with the approval
of the Secretary. In connection with the use of
any increased payment standard established or
approved pursuant to either of the preceding
two sentences as a reasonable accommodation for
a person with a disability, the Secretary may
not establish additional requirements regarding
the amount of adjusted income paid by such
person for rent.
(E) Review.--The Secretary--
(i) shall monitor rent burdens and
review any payment standard that
results in a significant percentage of
the families occupying units of any
size paying more than 30 percent of
adjusted income for rent; and
(ii) may require a public housing
agency to modify the payment standard
of the public housing agency based on
the results of that review.
(2) Amount of monthly assistance payment.--Subject to
the requirement under section 3(a)(3) (relating to
minimum rental amount), the monthly assistance payment
for a family receiving assistance under this subsection
shall be determined as follows:
(A) Tenant-based assistance; rent not
exceeding payment standard.--For a family
receiving tenant-based assistance, if the rent
for the family (including the amount allowed
for tenant-paid utilities) does not exceed the
applicable payment standard established under
paragraph (1), the monthly assistance payment
for the family shall be equal to the amount by
which the rent (including the amount allowed
for tenant-paid utilities) exceeds the greatest
of the following amounts, rounded to the
nearest dollar:
(i) 30 percent of the monthly
adjusted income of the family.
(ii) 10 percent of the monthly income
of the family.
(iii) If the family is receiving
payments for welfare assistance from a
public agency and a part of those
payments, adjusted in accordance with
the actual housing costs of the family,
is specifically designated by that
agency to meet the housing costs of the
family, the portion of those payments
that is so designated.
(B) Tenant-based assistance; rent exceeding
payment standard.--For a family receiving
tenant-based assistance, if the rent for the
family (including the amount allowed for
tenant-paid utilities) exceeds the applicable
payment standard established under paragraph
(1), the monthly assistance payment for the
family shall be equal to the amount by which
the applicable payment standard exceeds the
greatest of amounts under clauses (i), (ii),
and (iii) of subparagraph (A).
(C) Families receiving project-based
assistance.--For a family receiving project-
based assistance, the rent that the family is
required to pay shall be determined in
accordance with section 3(a)(1), and the amount
of the housing assistance payment shall be
determined in accordance with subsection (c)(3)
of this section.
(D) Utility allowance.--
(i) General.--In determining the
monthly assistance payment for a family
under subparagraphs (A) and (B), the
amount allowed for tenant-paid
utilities shall not exceed the
appropriate utility allowance for the
family unit size as determined by the
public housing agency regardless of the
size of the dwelling unit leased by the
family.
(ii) Exception for families in
including persons with disabilities.--
Notwithstanding subparagraph (A), upon
request by a family that includes a
person with disabilities, the public
housing agency shall approve a utility
allowance that is higher than the
applicable amount on the utility
allowance schedule if a higher utility
allowance is needed as a reasonable
accommodation to make the program
accessible to and usable by the family
member with a disability.
(3) 40 percent limit.--At the time a family
initially receives tenant-based assistance under this
section with respect to any dwelling unit, the total
amount that a family may be required to pay for rent
may not exceed 40 percent of the monthly adjusted
income of the family.
(4) Eligible families.--To be eligible to receive
assistance under this subsection, a family shall, at
the time a family initially receives assistance under
this subsection, be a low-income family that is--
(A) a very low-income family;
(B) a family previously assisted under this
title;
(C) a low-income family that meets
eligibility criteria specified by the public
housing agency;
(D) a family that qualifies to receive a
voucher in connection with a homeownership
program approved under title IV of the
Cranston-Gonzalez National Affordable Housing
Act; or
(E) a family that qualifies to receive a
voucher under section 223 or 226 of the Low-
Income Housing Preservation and Resident
Homeownership Act of 1990.
(5) Reviews of family income.--
(A) In general.--Reviews of family incomes
for purposes of this section shall be subject
to paragraphs (1), (6), and (7) of section 3(a)
and to section 904 of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988.
(B) Procedures.--Each public housing agency
administering assistance under this subsection
shall establish procedures that are appropriate
and necessary to ensure that income data
provided to the agency and owners by families
applying for or receiving assistance from the
agency is complete and accurate.
(6) Selection of families and disapproval of
owners.--
(A) Preferences.--
(i) Authority to establish.--Each
public housing agency may establish a
system for making tenant-based
assistance under this subsection
available on behalf of eligible
families that provides preference for
such assistance to eligible families
having certain characteristics, which
may include a preference for families
residing in public housing who are
victims of a crime of violence (as such
term is defined in section 16 of title
18, United States Code) that has been
reported to an appropriate law
enforcement agency.
(ii) Content.--Each system of
preferences established pursuant to
this subparagraph shall be based upon
local housing needs and priorities, as
determined by the public housing agency
using generally accepted data sources,
including any information obtained
pursuant to an opportunity for public
comment as provided under section 5A(f)
and under the requirements applicable
to the comprehensive housing
affordability strategy for the relevant
jurisdiction.
(B) Selection of tenants.--Each housing
assistance payment contract entered into by the
public housing agency and the owner of a
dwelling unit) shall provide that the screening
and selection of families for those units shall
be the function of the owner. In addition, the
public housing agency may elect to screen
applicants for the program in accordance with
such requirements as the Secretary may
establish.
(C) PHA disapproval of owners.--In addition
to other grounds authorized by the Secretary, a
public housing agency may elect not to enter
into a housing assistance payments contract
under this subsection with an owner who
refuses, or has a history of refusing, to take
action to terminate tenancy for activity
engaged in by the tenant, any member of the
tenant's household, any guest, or any other
person under the control of any member of the
household that--
(i) threatens the health or safety
of, or right to peaceful enjoyment of
the premises by, other tenants or
employees of the public housing agency,
owner, or other manager of the housing;
(ii) threatens the health or safety
of, or right to peaceful enjoyment of
the residences by, persons residing in
the immediate vicinity of the premises;
or
(iii) is drug-related or violent
criminal activity.
(7) Leases and tenancy.--Each housing assistance
payment contract entered into by the public housing
agency and the owner of a dwelling unit--
(A) shall provide that the lease between the
tenant and the owner shall be for a term of not
less than 1 year, except that the public
housing agency may approve a shorter term for
an initial lease between the tenant and the
dwelling unit owner if the public housing
agency determines that such shorter term would
improve housing opportunities for the tenant
and if such shorter term is considered to be a
prevailing local market practice;
(B) shall provide that the dwelling unit
owner shall offer leases to tenants assisted
under this subsection that--
(i) are in a standard form used in
the locality by the dwelling unit
owner; and
(ii) contain terms and conditions
that--
(I) are consistent with State
and local law; and
(II) apply generally to
tenants in the property who are
not assisted under this
section;
(C) shall provide that during the term of the
lease, the owner shall not terminate the
tenancy except for serious or repeated
violation of the terms and conditions of the
lease, for violation of applicable Federal,
State, or local law, or for other good cause,;
(ii) has provided the tenant a notice
to vacate at least 90 days before the
effective date of such notice.
(D) shall provide that during the term of the
lease, any criminal activity that threatens the
health, safety, or right to peaceful enjoyment
of the premises by other tenants, any criminal
activity that threatens the health, safety, or
right to peaceful enjoyment of their residences
by persons residing in the immediate vicinity
of the premises, or any violent or drug-related
criminal activity on or near such premises,
engaged in by a tenant of any unit, any member
of the tenant's household, or any guest or
other person under the tenant's control, shall
be cause for termination of tenancy;
(E) shall provide that any termination of
tenancy under this subsection shall be preceded
by the provision of written notice by the owner
to the tenant specifying the grounds for that
action, and any relief shall be consistent with
applicable State and local law; and
(F) may include any addenda required by the
Secretary to set forth the provisions of this
subsection.
(8) Inspection of units by pha's.--
(A) Initial inspection.--
(i) In general.--For each dwelling
unit for which a housing assistance
payment contract is established under
this subsection, the public housing
agency (or other entity pursuant to
paragraph (11)) shall inspect the unit
before any assistance payment is made
to determine whether the dwelling unit
meets the housing quality standards
under subparagraph (B), except as
provided in clause (ii) or (iii) of
this subparagraph.
(ii) Correction of non-life-
threatening conditions.--In the case of
any dwelling unit that is determined,
pursuant to an inspection under clause
(i), not to meet the housing quality
standards under subparagraph (B),
assistance payments may be made for the
unit notwithstanding subparagraph (C)
if failure to meet such standards is a
result only of non-life-threatening
conditions, as such conditions are
established by the Secretary. A public
housing agency making assistance
payments pursuant to this clause for a
dwelling unit shall, 30 days after the
beginning of the period for which such
payments are made, withhold any
assistance payments for the unit if any
deficiency resulting in noncompliance
with the housing quality standards has
not been corrected by such time. The
public housing agency shall recommence
assistance payments when such
deficiency has been corrected, and may
use any payments withheld to make
assistance payments relating to the
period during which payments were
withheld.
(iii) Use of alternative inspection
method for interim period.--In the case
of any property that within the
previous 24 months has met the
requirements of an inspection that
qualifies as an alternative inspection
method pursuant to subparagraph (E), a
public housing agency may authorize
occupancy before the inspection under
clause (i) has been completed, and may
make assistance payments retroactive to
the beginning of the lease term after
the unit has been determined pursuant
to an inspection under clause (i) to
meet the housing quality standards
under subparagraph (B). This clause may
not be construed to exempt any dwelling
unit from compliance with the
requirements of subparagraph (D).
(B) Housing quality standards.--The housing
quality standards under this subparagraph are
standards for safe and habitable housing
established--
(i) by the Secretary for purposes of
this subsection; or
(ii) by local housing codes or by
codes adopted by public housing
agencies that--
(I) meet or exceed housing
quality standards, except that
the Secretary may waive the
requirement under this
subclause to significantly
increase access to affordable
housing and to expand housing
opportunities for families
assisted under this subsection,
except where such waiver could
adversely affect the health or
safety of families assisted
under this subsection; and
(II) do not severely restrict
housing choice
(C) Inspection.--The determination required
under subparagraph (A) shall be made by the
public housing agency (or other entity, as
provided in paragraph (11)) pursuant to an
inspection of the dwelling unit conducted
before any assistance payment is made for the
unit. Inspections of dwelling units under this
subparagraph shall be made before the
expiration of the 15-day period beginning upon
a request by the resident or landlord to the
public housing agency or, in the case of any
public housing agency that provides assistance
under this subsection on behalf of more than
1250 families, before the expiration of a
reasonable period beginning upon such request.
The performance of the agency in meeting the
15-day inspection deadline shall be taken into
consideration in assessing the performance of
the agency.
(D) Biennial inspections.--
(i) Requirement.--Each public housing
agency providing assistance under this
subsection (or other entity, as
provided in paragraph (11)) shall, for
each assisted dwelling unit, make
inspections not less often than
biennially during the term of the
housing assistance payments contract
for the unit to determine whether the
unit is maintained in accordance with
the requirements under subparagraph
(A).
(ii) Use of alternative inspection
method.--The requirements under clause
(i) may be complied with by use of
inspections that qualify as an
alternative inspection method pursuant
to subparagraph (E).
(iii) Records.--The public housing
agency (or other entity) shall retain
the records of the inspection for a
reasonable time, as determined by the
Secretary, and shall make the records
available upon request to the
Secretary, the Inspector General for
the Department of Housing and Urban
Development, and any auditor conducting
an audit under section 5(h).
(iv) Mixed-finance properties.--The
Secretary may adjust the frequency of
inspections for mixed-finance
properties assisted with vouchers under
paragraph (13) to facilitate the use of
the alternative inspections in
subparagraph (E).
(E) Alternative inspection method.--An
inspection of a property shall qualify as an
alternative inspection method for purposes of
this subparagraph if--
(i) the inspection was conducted
pursuant to requirements under a
Federal, State, or local housing
program (including the Home investment
partnership program under title II of
the Cranston-Gonzalez National
Affordable Housing Act and the low-
income housing tax credit program under
section 42 of the Internal Revenue Code
of 1986); and
(ii) pursuant to such inspection, the
property was determined to meet the
standards or requirements regarding
housing quality or safety applicable to
properties assisted under such program,
and, if a non-Federal standard or
requirement was used, the public
housing agency has certified to the
Secretary that such standard or
requirement provides the same (or
greater) protection to occupants of
dwelling units meeting such standard or
requirement as would the housing
quality standards under subparagraph
(B).
(F) Interim inspections.--Upon notification
to the public housing agency, by a family (on
whose behalf tenant-based rental assistance is
provided under this subsection) or by a
government official, that the dwelling unit for
which such assistance is provided does not
comply with the housing quality standards under
subparagraph (B), the public housing agency
shall inspect the dwelling unit--
(i) in the case of any condition that
is life-threatening, within 24 hours
after the agency's receipt of such
notification, unless waived by the
Secretary in extraordinary
circumstances; and
(ii) in the case of any condition
that is not life-threatening, within a
reasonable time frame, as determined by
the Secretary.
(G) Enforcement of housing quality
standards.--
(i) Determination of noncompliance.--
A dwelling unit that is covered by a
housing assistance payments contract
under this subsection shall be
considered, for purposes of
subparagraphs (D) and (F), to be in
noncompliance with the housing quality
standards under subparagraph (B) if--
(I) the public housing agency
or an inspector authorized by
the State or unit of local
government determines upon
inspection of the unit that the
unit fails to comply with such
standards;
(II) the agency or inspector
notifies the owner of the unit
in writing of such failure to
comply; and
(III) the failure to comply
is not corrected--
(aa) in the case of
any such failure that
is a result of life-
threatening conditions,
within 24 hours after
such notice has been
provided; and
(bb) in the case of
any such failure that
is a result of non-
life-threatening
conditions, within 30
days after such notice
has been provided or
such other reasonable
longer period as the
public housing agency
may establish.
(ii) Withholding of assistance
amounts during correction.--The public
housing agency may withhold assistance
amounts under this subsection with
respect to a dwelling unit for which a
notice pursuant to clause (i)(II), of
failure to comply with housing quality
standards under subparagraph (B) as
determined pursuant to an inspection
conducted under subparagraph (D) or
(F), has been provided. If the unit is
brought into compliance with such
housing quality standards during the
periods referred to in clause (i)(III),
the public housing agency shall
recommence assistance payments and may
use any amounts withheld during the
correction period to make assistance
payments relating to the period during
which payments were withheld.
(iii) Abatement of assistance
amounts.--The public housing agency
shall abate all of the assistance
amounts under this subsection with
respect to a dwelling unit that is
determined, pursuant to clause (i) of
this subparagraph, to be in
noncompliance with housing quality
standards under subparagraph (B). Upon
completion of repairs by the public
housing agency or the owner sufficient
so that the dwelling unit complies with
such housing quality standards, the
agency shall recommence payments under
the housing assistance payments
contract to the owner of the dwelling
unit.
(iv) Notification.--If a public
housing agency providing assistance
under this subsection abates rental
assistance payments pursuant to clause
(iii) with respect to a dwelling unit,
the agency shall, upon commencement of
such abatement--
(I) notify the tenant and the
owner of the dwelling unit
that--
(aa) such abatement
has commenced; and
(bb) if the dwelling
unit is not brought
into compliance with
housing quality
standards within 60
days after the
effective date of the
determination of
noncompliance under
clause (i) or such
reasonable longer
period as the agency
may establish, the
tenant will have to
move; and
(II) issue the tenant the
necessary forms to allow the
tenant to move to another
dwelling unit and transfer the
rental assistance to that unit.
(v) Protection of tenants.--An owner
of a dwelling unit may not terminate
the tenancy of any tenant because of
the withholding or abatement of
assistance pursuant to this
subparagraph. During the period that
assistance is abated pursuant to this
subparagraph, the tenant may terminate
the tenancy by notifying the owner.
(vi) Termination of lease or
assistance payments contract.--If
assistance amounts under this section
for a dwelling unit are abated pursuant
to clause (iii) and the owner does not
correct the noncompliance within 60
days after the effective date of the
determination of noncompliance under
clause (i), or such other reasonable
longer period as the public housing
agency may establish, the agency shall
terminate the housing assistance
payments contract for the dwelling
unit.
(vii) Relocation.--
(I) Lease of new unit.--The
agency shall provide the family
residing in such a dwelling
unit a period of 90 days or
such longer period as the
public housing agency
determines is reasonably
necessary to lease a new unit,
beginning upon termination of
the contract, to lease a new
residence with tenant-based
rental assistance under this
section.
(II) Availability of public
housing units.--If the family
is unable to lease such a new
residence during such period,
the public housing agency
shall, at the option of the
family, provide such family a
preference for occupancy in a
dwelling unit of public housing
that is owned or operated by
the agency that first becomes
available for occupancy after
the expiration of such period.
(III) Assistance in finding
unit.--The public housing
agency may provide assistance
to the family in finding a new
residence, including use of up
to two months of any assistance
amounts withheld or abated
pursuant to clause (ii) or
(iii), respectively, for costs
directly associated with
relocation of the family to a
new residence, which shall
include security deposits as
necessary and may include
reimbursements for reasonable
moving expenses incurred by the
household, as established by
the Secretary. The agency may
require that a family receiving
assistance for a security
deposit shall remit, to the
extent of such assistance, the
amount of any security deposit
refunds made by the owner of
the dwelling unit for which the
lease was terminated.
(viii) Tenant-caused damages.--If a
public housing agency determines that
any damage to a dwelling unit that
results in a failure of the dwelling
unit to comply with housing quality
standards under subparagraph (B), other
than any damage resulting from ordinary
use, was caused by the tenant, any
member of the tenant's household, or
any guest or other person under the
tenant's control, the agency may waive
the applicability of this subparagraph,
except that this clause shall not
exonerate a tenant from any liability
otherwise existing under applicable law
for damages to the premises caused by
such tenant.
(ix) Applicability.--This
subparagraph shall apply to any
dwelling unit for which a housing
assistance payments contract is entered
into or renewed after the date of the
effectiveness of the regulations
implementing this subparagraph.
(H) Inspection guidelines.--The Secretary
shall establish procedural guidelines and
performance standards to facilitate inspections
of dwelling units and conform such inspections
with practices utilized in the private housing
market. Such guidelines and standards shall
take into consideration variations in local
laws and practices of public housing agencies
and shall provide flexibility to authorities
appropriate to facilitate efficient provision
of assistance under this subsection.
(9) Vacated units.--If an assisted family vacates a
dwelling unit for which rental assistance is provided
under a housing assistance payment contract before the
expiration of the term of the lease for the unit,
rental assistance pursuant to such contract may not be
provided for the unit after the month during which the
unit was vacated.
(10) Rent.--
(A) Reasonableness.--The rent for dwelling
units for which a housing assistance payment
contract is established under this subsection
shall be reasonable in comparison with rents
charged for comparable dwelling units in the
private, unassisted local market.
(B) Negotiations.--A public housing agency
(or other entity, as provided in paragraph
(11)) shall, at the request of a family
receiving tenant-based assistance under this
subsection, assist that family in negotiating a
reasonable rent with a dwelling unit owner. A
public housing agency (or such other entity)
shall review the rent for a unit under
consideration by the family (and all rent
increases for units under lease by the family)
to determine whether the rent (or rent
increase) requested by the owner is reasonable.
If a public housing agency (or other such
entity) determines that the rent (or rent
increase) for a dwelling unit is not
reasonable, the public housing agency (or other
such entity) shall not make housing assistance
payments to the owner under this subsection
with respect to that unit.
(C) Units exempt from local rent control.--If
a dwelling unit for which a housing assistance
payment contract is established under this
subsection is exempt from local rent control
provisions during the term of that contract,
the rent for that unit shall be reasonable in
comparison with other units in the market area
that are exempt from local rent control
provisions.
(D) Timely payments.--Each public housing
agency shall make timely payment of any amounts
due to a dwelling unit owner under this
subsection. The housing assistance payment
contract between the owner and the public
housing agency may provide for penalties for
the late payment of amounts due under the
contract, which shall be imposed on the public
housing agency in accordance with generally
accepted practices in the local housing market.
(E) Penalties.--Unless otherwise authorized
by the Secretary, each public housing agency
shall pay any penalties from administrative
fees collected by the public housing agency,
except that no penalty shall be imposed if the
late payment is due to factors that the
Secretary determines are beyond the control of
the public housing agency.
(F) Tax credit projects.--In the case of a
dwelling unit receiving tax credits pursuant to
section 42 of the Internal Revenue Code of 1986
or for which assistance is provided under
subtitle A of title II of the Cranston Gonzalez
National Affordable Housing Act of 1990, for
which a housing assistance contract not subject
to paragraph (13) of this subsection is
established, rent reasonableness shall be
determined as otherwise provided by this
paragraph, except that--
(i) comparison with rent for units in
the private, unassisted local market
shall not be required if the rent is
equal to or less than the rent for
other comparable units receiving such
tax credits or assistance in the
project that are not occupied by
families assisted with tenant-based
assistance under this subsection; and
(ii) the rent shall not be considered
reasonable for purposes of this
paragraph if it exceeds the greater
of--
(I) the rents charged for
other comparable units
receiving such tax credits or
assistance in the project that
are not occupied by families
assisted with tenant-based
assistance under this
subsection; and
(II) the payment standard
established by the public
housing agency for a unit of
the size involved.
(11) Leasing of units owned by pha.--
(A) Inspections and rent determinations.--If
an eligible family assisted under this
subsection leases a dwelling unit (other than a
public housing dwelling unit) that is owned by
a public housing agency administering
assistance under this subsection, the Secretary
shall require the unit of general local
government or another entity approved by the
Secretary, to make inspections required under
paragraph (8) and rent determinations required
under paragraph (10). The agency shall be
responsible for any expenses of such
inspections and determinations.
(B) Units owned by pha.--For purposes of this
subsection, the term ``owned by a public
housing agency'' means, with respect to a
dwelling unit, that the dwelling unit is in a
project that is owned by such agency, by an
entity wholly controlled by such agency, or by
a limited liability company or limited
partnership in which such agency (or an entity
wholly controlled by such agency) holds a
controlling interest in the managing member or
general partner. A dwelling unit shall not be
deemed to be owned by a public housing agency
for purposes of this subsection because the
agency holds a fee interest as ground lessor in
the property on which the unit is situated,
holds a security interest under a mortgage or
deed of trust on the unit, or holds a non-
controlling interest in an entity which owns
the unit or in the managing member or general
partner of an entity which owns the unit.
(12) Assistance for rental of manufactured housing.--
(A) In general.--A public housing agency may
make assistance payments in accordance with
this subsection on behalf of a family that
utilizes a manufactured home as a principal
place of residenceand rents the real property
on which the manufactured home owned by any
such family is located.
(B) Rent calculation.--
(i) Charges included.--For assistance
pursuant to this paragraph, rent shall
mean the sum of the monthly payments
made by a family assisted under this
paragraph to amortize the cost of
purchasing the manufactured home,
including any required insurance and
property taxes, the monthly amount
allowed for tenant-paid utilities, and
the monthly rent charged for the real
property on which the manufactured home
is located, including monthly
management and maintenance charges.
(ii) Monthly assistance payment.--The
monthly assistance payment for a family
assisted under this paragraph shall be
determined in accordance with paragraph
(2). If the amount of the monthly
assistance payment for a family exceeds
the monthly rent charged for the real
property on which the manufactured home
is located, including monthly
management and maintenance charges, a
public housing agency may pay the
remainder to the family, lender or
utility company, or may choose to make
a single payment to the family for the
entire monthly assistance amount.
(13) PHA project-based assistance.--
(A) In general.--A public housing agency may
use amounts provided under an annual
contributions contract under this subsection to
enter into a housing assistance payment
contract with respect to an existing, newly
constructed, or rehabilitated project, that is
attached to the project, subject to the
limitations and requirements of this paragraph.
(B) Percentage limitation.--
(i) In general.--Subject to clause
(ii), a public housing agency may use
for project-based assistance under this
paragraph not more than 20 percent of
the authorized units for the agency.
(ii) Exception.--A public housing
agency may use up to an additional 10
percent of the authorized units for the
agency for project-based assistance
under this paragraph, to provide units
that house individuals and families
that meet the definition of homeless
under section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11302), that house families with
veterans, that provide supportive
housing to persons with disabilities or
elderly persons, or that are located in
areas where vouchers under this
subsection are difficult to use, as
specified in subparagraph (D)(ii)(II).
Any units of project-based assistance
that are attached to units previously
subject to federally required rent
restrictions or receiving another type
of long-term housing subsidy provided
by the Secretary shall not count toward
the percentage limitation under clause
(i) of this subparagraph. The Secretary
may, by regulation, establish
additional categories for the exception
under this clause.
(C) Consistency with pha plan and other
goals.--A public housing agency may approve a
housing assistance payment contract pursuant to
this paragraph only if the contract is
consistent with--
(i) the public housing agency plan
for the agency approved under section
5A; and
(ii) the goal of deconcentrating
poverty and expanding housing and
economic opportunities.
(D) Income-mixing requirement.--
(i) In general.--Except as provided
in clause (ii), not more than the
greater of 25 dwelling units or 25
percent of the dwelling units in any
project may be assisted under a housing
assistance payment contract for
project-based assistance pursuant to
this paragraph. For purposes of this
subparagraph, the term ``project''
means a single building, multiple
contiguous buildings, or multiple
buildings on contiguous parcels of
land.
(ii) Exceptions.--
(I) Certain families.--The
limitation under clause (i)
shall not apply to dwelling
units assisted under a contract
that are exclusively made
available to elderly families
or to households eligible for
supportive services that are
made available to the assisted
residents of the project,
according to standards for such
services the Secretary may
establish.
(II) Certain areas.--With
respect to areas in which
tenant-based vouchers for
assistance under this
subsection are difficult to
use, as determined by the
Secretary, and with respect to
census tracts with a poverty
rate of 20 percent or less,
clause (i) shall be applied by
substituting ``40 percent'' for
``25 percent'', and the
Secretary may, by regulation,
establish additional
conditions.
(III) Certain contracts.--The
limitation under clause (i)
shall not apply with respect to
contracts or renewal of
contracts under which a greater
percentage of the dwelling
units in a project were
assisted under a housing
assistance payment contract for
project-based assistance
pursuant to this paragraph on
the date of the enactment of
the Housing Opportunity Through
Modernization Act of 2016.
(IV) Certain properties.--Any
units of project-based
assistance under this paragraph
that are attached to units
previously subject to federally
required rent restrictions or
receiving other project-based
assistance provided by the
Secretary shall not count
toward the percentage
limitation imposed by this
subparagraph (D).
(iii) Additional monitoring and
oversight requirements.--The Secretary
may establish additional requirements
for monitoring and oversight of
projects in which more than 40 percent
of the dwelling units are assisted
under a housing assistance payment
contract for project-based assistance
pursuant to this paragraph.
(E) Resident choice requirement.--A housing
assistance payment contract pursuant to this
paragraph shall provide as follows:
(i) Mobility.--Each low-income family
occupying a dwelling unit assisted
under the contract may move from the
housing at any time after the family
has occupied the dwelling unit for 12
months.
(ii) Continued assistance.--Upon such
a move, the public housing agency shall
provide the low-income family with
tenant-based rental assistance under
this section or such other tenant-based
rental assistance that is subject to
comparable income, assistance, rent
contribution, affordability, and other
requirements, as the Secretary shall
provide by regulation. If such rental
assistance is not immediately available
to fulfill the requirement under the
preceding sentence with respect to a
low-income family, such requirement may
be met by providing the family priority
to receive the next voucher or other
tenant-based rental assistance amounts
that become available under the program
used to fulfill such requirement.
(F) Contract term.--
(i) Term.--A housing assistance
payment contract pursuant to this
paragraph between a public housing
agency and the owner of a project may
have a term of up to 20 years, subject
to--
(I) the availability of
sufficient appropriated funds
for the purpose of renewing
expiring contracts for
assistance payments, as
provided in appropriation Acts
and in the agency's annual
contributions contract with the
Secretary, provided that in the
event of insufficient
appropriated funds, payments
due under contracts under this
paragraph shall take priority
if other cost-saving measures
that do not require the
termination of an existing
contract are available to the
agency; and
(II) compliance with the
inspection requirements under
paragraph (8), except that the
agency shall not be required to
make biennial inspections of
each assisted unit in the
development.
(ii) Addition of eligible units.--
Subject to the limitations of
subparagraphs (B) and (D), the agency
and the owner may add eligible units
within the same project to a housing
assistance payments contract at any
time during the term thereof without
being subject to any additional
competitive selection procedures.
(iii) Housing under construction or
recently constructed.--An agency may
enter into a housing assistance
payments contract with an owner for any
unit that does not qualify as existing
housing and is under construction or
recently has been constructed whether
or not the agency has executed an
agreement to enter into a contract with
the owner, provided that the owner
demonstrates compliance with applicable
requirements prior to execution of the
housing assistance payments contract.
This clause shall not subject a housing
assistance payments contract for
existing housing under this paragraph
to such requirements or otherwise limit
the extent to which a unit may be
assisted as existing housing.
(iv) Additional conditions.--The
contract may specify additional
conditions, including with respect to
continuation, termination, or
expiration, and shall specify that upon
termination or expiration of the
contract without extension, each
assisted family may elect to use its
assistance under this subsection to
remain in the same project if its unit
complies with the inspection
requirements under paragraph (8), the
rent for the unit is reasonable as
required by paragraph (10)(A), and the
family pays its required share of the
rent and the amount, if any, by which
the unit rent (including the amount
allowed for tenant-based utilities)
exceeds the applicable payment
standard.
(G) Extension of contract term.--A public
housing agency may enter into a contract with
the owner of a project assisted under a housing
assistance payment contract pursuant to this
paragraph to extend the term of the underlying
housing assistance payment contract for such
period as the agency determines to be
appropriate to achieve long-term affordability
of the housing or to expand housing
opportunities. Such contract may, at the
election of the public housing agency and the
owner of the project, specify that such
contract shall be extended for renewal terms of
up to 20 years each, if the agency makes the
determination required by this subparagraph and
the owner is in compliance with the terms of
the contract. Such a contract shall provide
that the extension of such term shall be
contingent upon the future availability of
appropriated funds for the purpose of renewing
expiring contracts for assistance payments, as
provided in appropriations Acts, and may
obligate the owner to have such extensions of
the underlying housing assistance payment
contract accepted by the owner and the
successors in interest of the owner. A public
housing agency may agree to enter into such a
contract at the time it enters into the initial
agreement for a housing assistance payment
contract or at any time thereafter that is
before the expiration of the housing assistance
payment contract.
(H) Rent calculation.--A housing assistance
payment contract pursuant to this paragraph
shall establish rents for each unit assisted in
an amount that does not exceed 110 percent of
the applicable fair market rental (or any
exception payment standard approved by the
Secretary pursuant to paragraph (1)(D)), except
that if a contract covers a dwelling unit that
has been allocated low-income housing tax
credits pursuant to section 42 of the Internal
Revenue Code of 1986 (26 U.S.C. 42) and is not
located in a qualified census tract (as such
term is defined in subsection (d) of such
section 42), the rent for such unit may be
established at any level that does not exceed
the rent charged for comparable units in the
building that also receive the low-income
housing tax credit but do not have additional
rental assistance, except that in the case of a
contract unit that has been allocated low-
income housing tax credits and for which the
rent limitation pursuant to such section 42 is
less than the amount that would otherwise be
permitted under this subparagraph, the rent for
such unit may, in the sole discretion of a
public housing agency, be established at the
higher section 8 rent, subject only to
paragraph (10)(A). The rents established by
housing assistance payment contracts pursuant
to this paragraph may vary from the payment
standards established by the public housing
agency pursuant to paragraph (1)(B), but shall
be subject to paragraph (10)(A).
(I) Rent adjustments.--A housing assistance
payments contract pursuant to this paragraph
entered into after the date of the enactment of
the Housing Opportunity Through Modernization
Act of 2016 shall provide for annual rent
adjustments upon the request of the owner,
except that--
(i) by agreement of the parties, a
contract may allow a public housing
agency to adjust the rent for covered
units using an operating cost
adjustment factor established by the
Secretary pursuant to section 524(c) of
the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (which
shall not result in a negative
adjustment), in which case the contract
may require an additional adjustment,
if requested, up to the reasonable rent
periodically during the term of the
contract, and shall require such an
adjustment, if requested, upon
extension pursuant to subparagraph (G);
(ii) the adjusted rent shall not
exceed the maximum rent permitted under
subparagraph (H);
(iii) the contract may provide that
the maximum rent permitted for a
dwelling unit shall not be less than
the initial rent for the dwelling unit
under the initial housing assistance
payments contract covering the units;
and
(iv) the provisions of subsection
(c)(2)(C) shall not apply.
(J) Tenant selection.--A public housing
agency may select families to receive project-
based assistance pursuant to this paragraph
from its waiting list for assistance under this
subsection or may permit owners to select
applicants from site-based waiting lists as
specified in this subparagraph. Eligibility for
such project-based assistance shall be subject
to the provisions of section 16(b) that apply
to tenant-based assistance. The agency or owner
may establish preferences or criteria for
selection for a unit assisted under this
paragraph that are consistent with the public
housing agency plan for the agency approved
under section 5A and that give preference to
families who qualify for voluntary services,
including disability-specific services, offered
in conjunction with assisted units. Any family
that rejects an offer of project-based
assistance under this paragraph or that is
rejected for admission to a project by the
owner or manager of a project assisted under
this paragraph shall retain its place on the
waiting list as if the offer had not been made.
A public housing agency may establish and
utilize procedures for owner-maintained site-
based waiting lists, under which applicants may
apply at, or otherwise designate to the public
housing agency, the project or projects in
which they seek to reside, except that all
eligible applicants on the waiting list of an
agency for assistance under this subsection
shall be permitted to place their names on such
separate list, subject to policies and
procedures established by the Secretary. All
such procedures shall comply with title VI of
the Civil Rights Act of 1964, the Fair Housing
Act, section 504 of the Rehabilitation Act of
1973, and other applicable civil rights laws.
The owner or manager of a project assisted
under this paragraph shall not admit any family
to a dwelling unit assisted under a contract
pursuant to this paragraph other than a family
referred by the public housing agency from its
waiting list, or a family on a site-based
waiting list that complies with the
requirements of this subparagraph. A public
housing agency shall disclose to each applicant
all other options in the selection of a project
in which to reside that are provided by the
public housing agency and are available to the
applicant.
(K) Vacated units.--Notwithstanding paragraph
(9), a housing assistance payment contract
pursuant to this paragraph may provide as
follows:
(i) Payment for vacant units.--That
the public housing agency may, in its
discretion, continue to provide
assistance under the contract, for a
reasonable period not exceeding 60
days, for a dwelling unit that becomes
vacant, but only: (I) if the vacancy
was not the fault of the owner of the
dwelling unit; and (II) the agency and
the owner take every reasonable action
to minimize the likelihood and extent
of any such vacancy. Rental assistance
may not be provided for a vacant unit
after the expiration of such period.
(ii) Reduction of contract.--That, if
despite reasonable efforts of the
agency and the owner to fill a vacant
unit, no eligible family has agreed to
rent the unit within 120 days after the
owner has notified the agency of the
vacancy, the agency may reduce its
housing assistance payments contract
with the owner by the amount equivalent
to the remaining months of subsidy
attributable to the vacant unit.
Amounts deobligated pursuant to such a
contract provision shall be available
to the agency to provide assistance
under this subsection.
Eligible applicants for assistance under this
subsection may enforce provisions authorized by
this subparagraph.
(L) Use in cooperative housing and elevator
buildings.--A public housing agency may enter
into a housing assistance payments contract
under this paragraph with respect to--
(i) dwelling units in cooperative
housing; and
(ii) notwithstanding subsection (c),
dwelling units in a high-rise elevator
project, including such a project that
is occupied by families with children,
without review and approval of the
contract by the Secretary.
(M) Reviews.--
(i) Subsidy layering.--A subsidy
layering review in accordance with
section 102(d) of the Department of
Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(d)) shall
not be required for assistance under
this paragraph in the case of a housing
assistance payments contract for an
existing project, or if a subsidy
layering review has been conducted by
the applicable State or local agency.
(ii) Environmental review.--A public
housing agency shall not be required to
undertake any environmental review
before entering into a housing
assistance payments contract under this
paragraph for an existing project,
except to the extent such a review is
otherwise required by law or regulation
relating to funding other than housing
assistance payments.
(N) Structure owned by agency.--A public
housing agency engaged in an initiative to
improve, develop, or replace a public housing
property or site may attach assistance to an
existing, newly constructed, or rehabilitated
structure in which the agency has an ownership
interest or which the agency has control of
without following a competitive process,
provided that the agency has notified the
public of its intent through its public housing
agency plan and subject to the limitations and
requirements of this paragraph.
(O) Special purpose vouchers.--A public
housing agency that administers vouchers
authorized under subsection (o)(19) or (x) of
this section may provide such assistance in
accordance with the limitations and
requirements of this paragraph, without
additional requirements for approval by the
Secretary.
(14) Inapplicability to tenant-based assistance.--
Subsection (c) shall not apply to tenant-based
assistance under this subsection.
(15) Homeownership option.--
(A) In general.--A public housing agency
providing assistance under this subsection may,
at the option of the agency, provide assistance
for homeownership under subsection (y).
(B) Alternative administration.--A public
housing agency may contract with a nonprofit
organization to administer a homeownership
program under subsection (y).
(16) Rental vouchers for relocation of witnesses and
victims of crime.--
(A) Witnesses.--Of amounts made available for
assistance under this subsection in each fiscal
year, the Secretary, in consultation with the
Inspector General, shall make available such
sums as may be necessary for the relocation of
witnesses in connection with efforts to combat
crime in public and assisted housing pursuant
to requests from law enforcement or prosecution
agencies.
(B) Victims of crime.--
(i) In general.--Of amounts made
available for assistance under this
section in each fiscal year, the
Secretary shall make available such
sums as may be necessary for the
relocation of families residing in
public housing who are victims of a
crime of violence (as that term is
defined in section 16 of title 18,
United States Code) that has been
reported to an appropriate law
enforcement agency.
(ii) Notice.--A public housing agency
that receives amounts under this
subparagraph shall establish procedures
for providing notice of the
availability of that assistance to
families that may be eligible for that
assistance.
(17) Deed restrictions.--Assistance under this
subsection may not be used in any manner that abrogates
any local deed restriction that applies to any housing
consisting of 1 to 4 dwelling units. This paragraph may
not be construed to affect the provisions or
applicability of the Fair Housing Act.
(18) Rental assistance for assisted living
facilities.--
(A) In general.--A public housing agency may
make assistance payments on behalf of a family
that uses an assisted living facility as a
principal place of residence and that uses such
supportive services made available in the
facility as the agency may require. Such
payments may be made only for covering costs of
rental of the dwelling unit in the assisted
living facility and not for covering any
portion of the cost of residing in such
facility that is attributable to service
relating to assisted living.
(B) Rent calculation.--
(i) Charges included.--For assistance
pursuant to this paragraph, the rent of
the dwelling unit that is an assisted
living facility with respect to which
assistance payments are made shall
include maintenance and management
charges related to the dwelling unit
and tenant-paid utilities. Such rent
shall not include any charges
attributable to services relating to
assisted living.
(ii) Payment standard.--In
determining the monthly assistance that
may be paid under this paragraph on
behalf of any family residing in an
assisted living facility, the public
housing agency shall utilize the
payment standard established under
paragraph (1), for the market area in
which the assisted living facility is
located, for the applicable size
dwelling unit.
(iii) Monthly assistance payment.--
The monthly assistance payment for a
family assisted under this paragraph
shall be determined in accordance with
paragraph (2) (using the rent and
payment standard for the dwelling unit
as determined in accordance with this
subsection), except that a family may
be required at the time the family
initially receives such assistance to
pay rent in an amount exceeding 40
percent of the monthly adjusted income
of the family by such an amount or
percentage that is reasonable given the
services and amenities provided and as
the Secretary deems appropriate..
(C) Definition.--For the purposes of this
paragraph, the term ``assisted living
facility'' has the meaning given that term in
section 232(b) of the National Housing Act (12
U.S.C. 1715w(b)), except that such a facility
may be contained within a portion of a larger
multifamily housing project.
(19) Rental vouchers for veterans affairs supported
housing program.--
(A) Set aside.--Subject to subparagraph (C),
the Secretary shall set aside, from amounts
made available for rental assistance under this
subsection, the amounts specified in
subparagraph (B) for use only for providing
such assistance through a supported housing
program administered in conjunction with the
Department of Veterans Affairs. Such program
shall provide rental assistance on behalf of
homeless veterans who have chronic mental
illnesses or chronic substance use disorders,
shall require agreement of the veteran to
continued treatment for such mental illness or
substance use disorder as a condition of
receipt of such rental assistance, and shall
ensure such treatment and appropriate case
management for each veteran receiving such
rental assistance.
(B) Amount.--The amount specified in this
subparagraph is--
(i) for fiscal year 2007, the amount
necessary to provide 500 vouchers for
rental assistance under this
subsection;
(ii) for fiscal year 2008, the amount
necessary to provide 1,000 vouchers for
rental assistance under this
subsection;
(iii) for fiscal year 2009, the
amount necessary to provide 1,500
vouchers for rental assistance under
this subsection;
(iv) for fiscal year 2010, the amount
necessary to provide 2,000 vouchers for
rental assistance under this
subsection; and
(v) for fiscal year 2011, the amount
necessary to provide 2,500 vouchers for
rental assistance under this
subsection.
(C) Funding through incremental assistance.--
In any fiscal year, to the extent that this
paragraph requires the Secretary to set aside
rental assistance amounts for use under this
paragraph in an amount that exceeds the amount
set aside in the preceding fiscal year, such
requirement shall be effective only to such
extent or in such amounts as are or have been
provided in appropriation Acts for such fiscal
year for incremental rental assistance under
this subsection.
(D) Native american veterans.--
(i) Authority.--Of the funds made
available for rental assistance under
this paragraph for fiscal year 2018 and
each fiscal year thereafter, the
Secretary shall set aside 5 percent for
a supported housing and rental
assistance program modeled on the HUD-
Veterans Affairs Supportive Housing
(HUD-VASH) program, to be administered
in conjunction with the Department of
Veterans Affairs, for the benefit of
homeless Native American veterans and
veterans at risk of homelessness.
(ii) Recipients.--Such rental
assistance shall be made available to
recipients eligible to receive block
grants under the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4101 et seq.).
(iii) Funding criteria.--Funds shall
be awarded based on need,
administrative capacity, and any other
funding criteria established by the
Secretary in a notice published in the
Federal Register, after consultation
with the Secretary of Veterans Affairs,
by a date sufficient to provide for
implementation of the program under
this subparagraph in accordance with
clause (i).
(iv) Program requirements.--
(I) Administration.--Such
funds shall be administered by
block grant recipients in
accordance with program
requirements under the Native
American Housing Assistance and
Self-Determination Act of 1996
in lieu of program requirements
under this Act.
(II) Available housing.--
Rental assistance made
available under this
subparagraph may be used for
dwelling units owned, operated,
or assisted with by a recipient
of a block grant under this Act
or a tribally designated
housing entity.
(v) Waiver.--The Secretary may waive,
or specify alternative requirements for
any provision of any statute or
regulation that the Secretary
administers in connection with the use
of funds made available under this
subparagraph, but only upon a finding
by the Secretary that such waiver or
alternative requirement is necessary to
promote administrative efficiency,
eliminate delay, consolidate or
eliminate duplicative or ineffective
requirements or criteria, or otherwise
provide for the effective delivery and
administration of such supportive
housing assistance to Native American
veterans.
(vi) Consultation.--The Secretary and
the Secretary of Veterans Affairs shall
jointly consult with block grant
recipients and any other appropriate
tribal organizations to--
(I) ensure that block grant
recipients administering funds
made available under the
program under this subparagraph
are able to effectively
coordinate with providers of
supportive services provided in
connection with such program;
and
(II) ensure the effective
delivery of supportive services
to Native American veterans
that are homeless or at risk of
homelessness eligible to
receive assistance under this
subparagraph.
Consultation pursuant to this clause
shall be completed by a date sufficient
to provide for implementation of the
program under this subparagraph in
accordance with clause (i).
(vii) Notice.--The Secretary shall
establish the requirements and criteria
for the supported housing and rental
assistance program under this
subparagraph by notice published in the
Federal Register, but shall provide
Indian tribes and tribally designated
housing agencies an opportunity for
comment and consultation before
publication of a final notice pursuant
to this clause.
(20) Collection of utility data.--
(A) Publication.--The Secretary shall, to the
extent that data can be collected cost
effectively, regularly publish such data
regarding utility consumption and costs in
local areas as the Secretary determines will be
useful for the establishment of allowances for
tenant-paid utilities for families assisted
under this subsection.
(B) Use of data.--The Secretary shall provide
such data in a manner that--
(i) avoids unnecessary administrative
burdens for public housing agencies and
owners; and
(ii) protects families in various
unit sizes and building types, and
using various utilities, from high rent
and utility cost burdens relative to
income.
(p) In order to assist elderly families (as defined in
section 3(b)(3)) who elect to live in a shared housing
arrangement in which they benefit as a result of sharing the
facilities of a dwelling with others in a manner that
effectively and efficiently meets their housing needs and
thereby reduces their costs of housing, the Secretary shall
permit assistance provided under the existing housing and
moderate rehabilitation programs to be used by such families in
such arrangements. In carrying out this subsection, the
Secretary shall issue minimum habitability standards for the
purpose of assuring decent, safe, and sanitary housing for such
families while taking into account the special circumstances of
shared housing.
(q) Administrative Fees.--
(1) Fee for ongoing costs of administration.--
(A) In general.--The Secretary shall
establish fees for the costs of administering
the tenant-based assistance, certificate,
voucher, and moderate rehabilitation programs
under this section.
(B) Fiscal year 1999.--
(i) Calculation.--For fiscal year
1999, the fee for each month for which
a dwelling unit is covered by an
assistance contract shall be--
(I) in the case of a public
housing agency that, on an
annual basis, is administering
a program for not more than 600
dwelling units, 7.65 percent of
the base amount; and
(II) in the case of an agency
that, on an annual basis, is
administering a program for
more than 600 dwelling units
(aa) for the first 600 units,
7.65 percent of the base
amount, and (bb) for any
additional dwelling units under
the program, 7.0 percent of the
base amount.
(ii) Base amount.--For purposes of
this subparagraph, the base amount
shall be the higher of--
(I) the fair market rental
established under section 8(c)
of this Act (as in effect
immediately before the
effective date under section
503(a) of the Quality Housing
and Work Responsibility Act of
1998) for fiscal year 1993 for
a 2-bedroom existing rental
dwelling unit in the market
area of the agency, and
(II) the amount that is the
lesser of (aa) such fair market
rental for fiscal year 1994, or
(bb) 103.5 percent of the
amount determined under clause
(i),
adjusted based on changes in wage data
or other objectively measurable data
that reflect the costs of administering
the program, as determined by the
Secretary. The Secretary may require
that the base amount be not less than a
minimum amount and not more than a
maximum amount.
(C) Subsequent fiscal years.--For subsequent
fiscal years, the Secretary shall publish a
notice in the Federal Register, for each
geographic area, establishing the amount of the
fee that would apply for public housing
agencies administering the program, based on
changes in wage data or other objectively
measurable data that reflect the costs of
administering the program, as determined by the
Secretary.
(D) Increase.--The Secretary may increase the
fee if necessary to reflect the higher costs of
administering small programs and programs
operating over large geographic areas.
(E) Decrease.--The Secretary may decrease the
fee for units owned by a public housing agency
to reflect reasonable costs of administration.
(2) Fee for preliminary expenses.--The Secretary
shall also establish reasonable fees (as determined by
the Secretary) for--
(A) the costs of preliminary expenses, in the
amount of $500, for a public housing agency,
except that such fee shall apply to an agency
only in the first year that the agency
administers a tenant-based assistance program
under this section, and only if, immediately
before the effective date under section 503(a)
of the Quality Housing and Work Responsibility
Act of 1998, the agency was not administering a
tenant-based assistance program under the
United States Housing Act of 1937 (as in effect
immediately before such effective date), in
connection with its initial increment of
assistance received;
(B) the costs incurred in assisting families
who experience difficulty (as determined by the
Secretary) in obtaining appropriate housing
under the programs; and
(C) extraordinary costs approved by the
Secretary.
(3) Transfer of fees in cases of concurrent
geographical jurisdiction.--In each fiscal year, if any
public housing agency provides tenant-based assistance
under this section on behalf of a family who uses such
assistance for a dwelling unit that is located within
the jurisdiction of such agency but is also within the
jurisdiction of another public housing agency, the
Secretary shall take such steps as may be necessary to
ensure that the public housing agency that provides the
services for a family receives all or part of the
administrative fee under this section (as appropriate).
(4) Applicability.--This subsection shall apply to
fiscal year 1999 and fiscal years thereafter.
(r) Portability.--(1) In general.--(A) Any family receiving
tenant-based assistance under subsection (o) may receive such
assistance to rent an eligible dwelling unit if the dwelling
unit to which the family moves is within any area in which a
program is being administered under this section.
(B)(i) Notwithstanding subparagraph (A) and subject to any
exceptions established under clause (ii) of this subparagraph,
a public housing agency may require that any family not living
within the jurisdiction of the public housing agency at the
time the family applies for assistance from the agency shall,
during the 12-month period beginning on the date of initial
receipt of housing assistance made available on behalf of the
family from such agency, lease and occupy an eligible dwelling
unit located within the jurisdiction served by the agency.
(ii) The Secretary may establish such exceptions to the
authority of public housing agencies established under clause
(i).
(2) The public housing agency having authority with respect
to the dwelling unit to which a family moves under this
subsection shall have the responsibility of carrying out the
provisions of this subsection with respect to the family.
(3) In providing assistance under subsection (o) for any
fiscal year, the Secretary shall give consideration to any
reduction in the number of resident families incurred by a
public housing agency in the preceding fiscal year as a result
of the provisions of this subsection. The Secretary shall
establish procedures for the compensation of public housing
agencies that issue vouchers to families that move into or out
of the jurisdiction of the public housing agency under
portability procedures. The Secretary may reserve amounts
available for assistance under subsection (o) to compensate
those public housing agencies.
(4) The provisions of this subsection may not be construed to
restrict any authority of the Secretary under any other
provision of law to provide for the portability of assistance
under this section.
(5) Lease violations.--A family may not receive a voucher
from a public housing agency and move to another jurisdiction
under the tenant-based assistance program if the family has
moved out of the assisted dwelling unit of the family in
violation of a lease, except that a family may receive a
voucher from a public housing agency and move to another
jurisdiction under the tenant-based assistance program if the
family has complied with all other obligations of the section 8
program and has moved out of the assisted dwelling unit in
order to protect the health or safety of an individual who is
or has been the victim of domestic violence, dating violence,
or stalking and who reasonably believed he or she was
imminently threatened by harm from further violence if he or
she remained in the assisted dwelling unit.
(s) In selecting families for the provision of assistance
under this section (including subsection (o)), a public housing
agency may not exclude or penalize a family solely because the
family resides in a public housing project.
(t) Enhanced Vouchers.--
(1) In general.--Enhanced voucher assistance under
this subsection for a family shall be voucher
assistance under subsection (o), except that under such
enhanced voucher assistance--
(A) subject only to subparagraph (D), the
assisted family shall pay as rent no less than
the amount the family was paying on the date of
the eligibility event for the project in which
the family was residing on such date;
(B) the assisted family may elect to remain
in the same project in which the family was
residing on the date of the eligibility event
for the project, and if, during any period the
family makes such an election and continues to
so reside, the rent for the dwelling unit of
the family in such project exceeds the
applicable payment standard established
pursuant to subsection (o) for the unit, the
amount of rental assistance provided on behalf
of the family shall be determined using a
payment standard that is equal to the rent for
the dwelling unit (as such rent may be
increased from time-to-time), subject to
paragraph (10)(A) of subsection (o) and any
other reasonable limit prescribed by the
Secretary, except that a limit shall not be
considered reasonable for purposes of this
subparagraph if it adversely affects such
assisted families;
(C) subparagraph (B) of this paragraph shall
not apply and the payment standard for the
dwelling unit occupied by the family shall be
determined in accordance with subsection (o)
if--
(i) the assisted family moves, at any
time, from such project; or
(ii) the voucher is made available
for use by any family other than the
original family on behalf of whom the
voucher was provided; and
(D) if the annual adjusted income of the
assisted family declines to a significant
extent, the percentage of annual adjusted
income paid by the family for rent shall not
exceed the greater of 30 percent or the
percentage of annual adjusted income paid at
the time of the eligibility event for the
project.
(2) Eligibility event.--For purposes of this
subsection, the term ``eligibility event'' means, with
respect to a multifamily housing project, the
prepayment of the mortgage on such housing project, the
voluntary termination of the insurance contract for the
mortgage for such housing project (including any such
mortgage prepayment during fiscal year 1996 or a fiscal
year thereafter or any insurance contract voluntary
termination during fiscal year 1996 or a fiscal year
thereafter), the termination or expiration of the
contract for rental assistance under section 8 of the
United States Housing Act of 1937 for such housing
project (including any such termination or expiration
during fiscal years after fiscal year 1994 prior to the
effective date of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2001), or the transaction
under which the project is preserved as affordable
housing, that, under paragraphs (3) and (4) of section
515(c), section 524(d) of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C.
1437f note), section 223(f) of the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 (12
U.S.C. 4113(f)), or section 201(p) of the Housing and
Community Development Amendments of 1978 (12 U.S.C.
1715z-1a(p)), results in tenants in such housing
project being eligible for enhanced voucher assistance
under this subsection.
(3) Treatment of enhanced vouchers provided under
other authority.--
(A) In general.--Notwithstanding any other
provision of law, any enhanced voucher
assistance provided under any authority
specified in subparagraph (B) shall (regardless
of the date that the amounts for providing such
assistance were made available) be treated, and
subject to the same requirements, as enhanced
voucher assistance under this subsection.
(B) Identification of other authority.--The
authority specified in this subparagraph is the
authority under--
(i) the 10th, 11th, and 12th provisos
under the ``Preserving Existing Housing
Investment'' account in title II of the
Departments of Veterans Affairs and
Housing and Urban Development, and
Independent Agencies Appropriations
Act, 1997 (Public Law 104-204; 110
Stat. 2884), pursuant to such provisos,
the first proviso under the ``Housing
Certificate Fund'' account in title II
of the Departments of Veterans Affairs
and Housing and Urban Development, and
Independent Agencies Appropriations
Act, 1998 (Public Law 105-65; 111 Stat.
1351), or the first proviso under the
``Housing Certificate Fund'' account in
title II of the Departments of Veterans
Affairs and Housing and Urban
Development, and Independent Agencies
Appropriations Act, 1999 (Public Law
105-276; 112 Stat. 2469); and
(ii) paragraphs (3) and (4) of
section 515(c) of the Multifamily
Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C.
1437f note), as in effect before the
enactment of this Act.
(4) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years
2000, 2001, 2002, 2003, and 2004 such sums as may be
necessary for enhanced voucher assistance under this
subsection.
(u) In the case of low-income families living in rental
projects rehabilitated under section 17 of this Act or section
533 of the Housing Act of 1949 before rehabilitation--
(1) vouchers under this section shall be made for
families who are required to move out of their units
because of the physical rehabilitation activities or
because of overcrowding;
(2) at the discretion of each public housing agency
or other agency administering the allocation of
assistance or vouchers under this section may be made
for families who would have to pay more than 30 percent
of their adjusted income for rent after rehabilitation
whether they choose to remain in, or to move from, the
project; and
(3) the Secretary shall allocate assistance for
vouchers under this section to ensure that sufficient
resources are available to address the physical or
economic displacement, or potential economic
displacement, of existing tenants pursuant to
paragraphs (1) and (2).
(v) The Secretary may extend expiring contracts entered into
under this section for project-based loan management assistance
to the extent necessary to prevent displacement of low-income
families receiving such assistance as of September 30, 1996.
(x) Family Unification.--
(1) Increase in budget authority.--The budget
authority available under section 5(c) for assistance
under section 8(b) is authorized to be increased by
$100,000,000 on or after October 1, 1992, and by
$104,200,000 on or after October 1, 1993.
(2) Use of funds.--The amounts made available under
this subsection shall be used only in connection with
tenant-based assistance under section 8 on behalf of
(A) any family (i) who is otherwise eligible for such
assistance, and (ii) who the public child welfare
agency for the jurisdiction has certified is a family
for whom the lack of adequate housing is a primary
factor in the imminent placement of the family's child
or children in out-of-home care or the delayed
discharge of a child or children to the family from
out-of-home care and (B) for a period not to exceed 36
months, otherwise eligible youths who have attained at
least 18 years of age and not more than 24 years of age
and who have left foster care, or will leave foster
care within 90 days, in accordancewith a transition
plan described in section 475(5)(H)of the Social
Security Act, and is homeless or is at riskof becoming
homeless at age 16 or older.
(3) Allocation.--The amounts made available under
this subsection shall be allocated by the Secretary
through a national competition among applicants based
on demonstrated need for assistance under this
subsection. To be considered for assistance, an
applicant shall submit to the Secretary a written
proposal containing a report from the public child
welfare agency serving the jurisdiction of the
applicant that describes how a lack of adequate housing
in the jurisdiction is resulting in the initial or
prolonged separation of children from their families,
and how the applicant will coordinate with the public
child welfare agency to identify eligible families and
provide the families with assistance under this
subsection.
(4) Coordination between public housing agencies and
public child welfare agencies.--The Secretary shall,
not later than the expiration of the 180-day period
beginning on the date of the enactment of the Housing
Opportunity Through Modernization Act of 2016 and after
consultation with other appropriate Federal agencies,
issue guidance to improve coordination between public
housing agencies and public child welfare agencies in
carrying out the program under this subsection, which
shall provide guidance on--
(A) identifying eligible recipients for
assistance under this subsection;
(B) coordinating with other local youth and
family providers in the community and
participating in the Continuum of Care program
established under subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11381 et seq.);
(C) implementing housing strategies to assist
eligible families and youth;
(D) aligning system goals to improve outcomes
for families and youth and reducing lapses in
housing for families and youth; and
(E) identifying resources that are available
to eligible families and youth to provide
supportive services available through parts B
and E of title IV of the Social Security Act
(42 U.S.C. 621 et seq.; 670 et seq.) or that
the head of household of a family or youth may
be entitled to receive under section 477 of the
Social Security Act (42 U.S.C. 677).
(5) Definitions.--For purposes of this subsection:
(A) Applicant.--The term ``applicant'' means
a public housing agency or any other agency
responsible for administering assistance under
section 8.
(B) Public child welfare agency.--The term
``public child welfare agency'' means the
public agency responsible under applicable
State law for determining that a child is at
imminent risk of placement in out-of-home care
or that a child in out-of-home care under the
supervision of the public agency may be
returned to his or her family.
(y) Homeownership Option.--
(1) Use of assistance for homeownership.--A public
housing agency providing tenant-based assistance on
behalf of an eligible family under this section may
provide assistance for an eligible family that
purchases a dwelling unit (including a unit under a
lease-purchase agreement) that will be owned by 1 or
more members of the family, and will be occupied by the
family, if the family--
(A) is a first-time homeowner, or owns or is
acquiring shares in a cooperative;
(B) demonstrates that the family has income
from employment or other sources (other than
public assistance, except that the Secretary
may provide for the consideration of public
assistance in the case of an elderly family or
a disabled family), as determined in accordance
with requirements of the Secretary, that is not
less than twice the payment standard
established by the public housing agency (or
such other amount as may be established by the
Secretary);
(C) except as provided by the Secretary,
demonstrates at the time the family initially
receives tenant-based assistance under this
subsection that one or more adult members of
the family have achieved employment for the
period as the Secretary shall require;
(D) participates in a homeownership and
housing counseling program provided by the
agency; and
(E) meets any other initial or continuing
requirements established by the public housing
agency in accordance with requirements
established by the Secretary.
(2) Determination of amount of assistance.--
(A) Monthly expenses not exceeding payment
standard.--If the monthly homeownership
expenses, as determined in accordance with
requirements established by the Secretary, do
not exceed the payment standard, the monthly
assistance payment shall be the amount by which
the homeownership expenses exceed the highest
of the following amounts, rounded to the
nearest dollar:
(i) 30 percent of the monthly
adjusted income of the family.
(ii) 10 percent of the monthly income
of the family.
(iii) If the family is receiving
payments for welfare assistance from a
public agency, and a portion of those
payments, adjusted in accordance with
the actual housing costs of the family,
is specifically designated by that
agency to meet the housing costs of the
family, the portion of those payments
that is so designated.
(B) Monthly expenses exceed payment
standard.--If the monthly homeownership
expenses, as determined in accordance with
requirements established by the Secretary,
exceed the payment standard, the monthly
assistance payment shall be the amount by which
the applicable payment standard exceeds the
highest of the amounts under clauses (i), (ii),
and (iii) of subparagraph (A).
(3) Inspections and contract conditions.--
(A) In general.--Each contract for the
purchase of a unit to be assisted under this
section shall--
(i) provide for pre-purchase
inspection of the unit by an
independent professional; and
(ii) require that any cost of
necessary repairs be paid by the
seller.
(B) Annual inspections not required.--The
requirement under subsection (o)(8)(A)(ii) for
annual inspections shall not apply to units
assisted under this section.
(4) Other authority of the secretary.--The Secretary
may--
(A) limit the term of assistance for a family
assisted under this subsection; and
(B) modify the requirements of this
subsection as the Secretary determines to be
necessary to make appropriate adaptations for
lease-purchase agreements.
(5) Inapplicability of certain provisions.--
Assistance under this subsection shall not be subject
to the requirements of the following provisions:
(A) Subsection (c)(3)(B) of this section.
(B) Subsection (d)(1)(B)(i) of this section.
(C) Any other provisions of this section
governing maximum amounts payable to owners and
amounts payable by assisted families.
(D) Any other provisions of this section
concerning contracts between public housing
agencies and owners.
(E) Any other provisions of this Act that are
inconsistent with the provisions of this
subsection.
(6) Reversion to rental status.--
(A) FHA-insured mortgages.--If a family
receiving assistance under this subsection for
occupancy of a dwelling defaults under a
mortgage for the dwelling insured by the
Secretary under the National Housing Act, the
family may not continue to receive rental
assistance under this section unless the family
(i) transfers to the Secretary marketable title
to the dwelling, (ii) moves from the dwelling
within the period established or approved by
the Secretary, and (iii) agrees that any
amounts the family is required to pay to
reimburse the escrow account under section
23(d)(3) may be deducted by the public housing
agency from the assistance payment otherwise
payable on behalf of the family.
(B) Other mortgages.--If a family receiving
assistance under this subsection defaults under
a mortgage not insured under the National
Housing Act, the family may not continue to
receive rental assistance under this section
unless it complies with requirements
established by the Secretary.
(C) All mortgages.--A family receiving
assistance under this subsection that defaults
under a mortgage may not receive assistance
under this subsection for occupancy of another
dwelling owned by one or more members of the
family.
(7) Downpayment assistance.--
(A) Authority.--A public housing agency may,
in lieu of providing monthly assistance
payments under this subsection on behalf of a
family eligible for such assistance and at the
discretion of the public housing agency,
provide assistance for the family in the form
of a single grant to be used only as a
contribution toward the downpayment required in
connection with the purchase of a dwelling for
fiscal year 2000 and each fiscal year
thereafter to the extent provided in advance in
appropriations Acts.
(B) Amount.--The amount of a downpayment
grant on behalf of an assisted family may not
exceed the amount that is equal to the sum of
the assistance payments that would be made
during the first year of assistance on behalf
of the family, based upon the income of the
family at the time the grant is to be made.
(8) Definition of first-time homeowner.--For purposes
of this subsection, the term ``first-time homeowner''
means--
(A) a family, no member of which has had a
present ownership interest in a principal
residence during the 3 years preceding the date
on which the family initially receives
assistance for homeownership under this
subsection; and
(B) any other family, as the Secretary may
prescribe.
(z) Termination of Section 8 Contracts and Reuse of
Recaptured Budget Authority.--
(1) General authority.--The Secretary may reuse any
budget authority, in whole or part, that is recaptured
on account of expiration or termination of a housing
assistance payments contract only for one or more of
the following:
(A) Tenant-based assistance.--Pursuant to a
contract with a public housing agency, to
provide tenant-based assistance under this
section to families occupying units formerly
assisted under the terminated contract.
(B) Project-based assistance.--Pursuant to a
contract with an owner, to attach assistance to
one or more structures under this section, for
relocation of families occupying units formerly
assisted under the terminated contract.
(2) Families occupying units formerly assisted under
terminated contract.--Pursuant to paragraph (1), the
Secretary shall first make available tenant- or
project-based assistance to families occupying units
formerly assisted under the terminated contract. The
Secretary shall provide project-based assistance in
instances only where the use of tenant-based assistance
is determined to be infeasible by the Secretary.
(aa) Refinancing Incentive.--
(1) In general.--The Secretary may pay all or a part
of the up front costs of refinancing for each project
that--
(A) is constructed, substantially
rehabilitated, or moderately rehabilitated
under this section;
(B) is subject to an assistance contract
under this section; and
(C) was subject to a mortgage that has been
refinanced under section 223(a)(7) or section
223(f) of the National Housing Act to lower the
periodic debt service payments of the owner.
(2) Share from reduced assistance payments.--The
Secretary may pay the up front cost of refinancing
only--
(A) to the extent that funds accrue to the
Secretary from the reduced assistance payments
that results from the refinancing; and
(B) after the application of amounts in
accordance with section 1012 of the Stewart B.
McKinney Homeless Assistance Amendments Act of
1988.
(bb) Transfer, Reuse, and Rescission of Budget Authority.--
(1) Transfer of Budget Authority.--If an assistance
contract under this section, other than a contract for
tenant-based assistance, is terminated or is not
renewed, or if the contract expires, the Secretary
shall, in order to provide continued assistance to
eligible families, including eligible families
receiving the benefit of the project-based assistance
at the time of the termination, transfer any budget
authority remaining in the contract to another
contract. The transfer shall be under such terms as the
Secretary may prescribe.
(2) Reuse and rescission of certain recaptured budget
authority.--Notwithstanding paragraph (1), if a
project-based assistance contract for an eligible
multifamily housing project subject to actions
authorized under title I is terminated or amended as
part of restructuring under section 517 of the
Multifamily Assisted Housing Reform and Affordability
Act of 1997, the Secretary shall recapture the budget
authority not required for the terminated or amended
contract and use such amounts as are necessary to
provide housing assistance for the same number of
families covered by such contract for the remaining
term of such contract, under a contract providing for
project-based or tenant-based assistance. The amount of
budget authority saved as a result of the shift to
project-based or tenant-based assistance shall be
rescinded.
(cc) Law Enforcement and Security Personnel.--
(1) In general.--Notwithstanding any other provision
of this Act, in the case of assistance attached to a
structure, for the purpose of increasing security for
the residents of a project, an owner may admit, and
assistance under this section may be provided to,
police officers and other security personnel who are
not otherwise eligible for assistance under the Act.
(2) Rent requirements.--With respect to any
assistance provided by an owner under this subsection,
the Secretary may--
(A) permit the owner to establish such rent
requirements and other terms and conditions of
occupancy that the Secretary considers to be
appropriate; and
(B) require the owner to submit an
application for those rent requirements, which
application shall include such information as
the Secretary, in the discretion of the
Secretary, determines to be necessary.
(3) Applicability.--This subsection shall apply to
fiscal year 1999 and fiscal years thereafter.
(dd) Tenant-Based Contract Renewals.--Subject to amounts
provided in appropriation Acts, starting in fiscal year 1999,
the Secretary shall renew all expiring tenant-based annual
contribution contracts under this section by applying an
inflation factor based on local or regional factors to an
allocation baseline. The allocation baseline shall be
calculated by including, at a minimum, amounts sufficient to
ensure continued assistance for the actual number of families
assisted as of October 1, 1997, with appropriate upward
adjustments for incremental assistance and additional families
authorized subsequent to that date.
* * * * * * *
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HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1992
* * * * * * *
TITLE I--HOUSING ASSISTANCE
* * * * * * *
Subtitle E--Homeownership Programs
* * * * * * *
SEC. 184. LOAN GUARANTEES FOR INDIAN HOUSING.
(a) Authority.--To provide access to sources of private
financing to Indian families, Indian housing authorities, and
Indian tribes, who otherwise could not acquire housing
financing because of the unique legal status of Indian lands,
the Secretary may guarantee not to exceed 100 percent of the
unpaid principal and interest due on any loan eligible under
subsection (b) made to an Indian family, Indian housing
authority, or Indian tribe.
(b) Eligible Loans.--Loans guaranteed pursuant to this
section shall meet the following requirements:
(1) Eligible borrowers.--The loans shall be made only
to borrowers who are Indian families, Indian housing
authorities, or Indian tribes.
(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-
family dwellings that are standard housing and are
located on trust land or land located in an Indian or
Alaska Native area.
(3) Security.--The loan may be secured by any
collateral authorized under existing Federal law or
applicable State or tribal law.
(4) Lenders.--The loan shall be made only by a lender
approved by and meeting qualifications established by
the Secretary, except that loans otherwise insured or
guaranteed by an agency of the Federal Government or
made by an organization of Indians from amounts
borrowed from the United States shall not be eligible
for guarantee under this section. The following lenders
are deemed to be approved under this paragraph:
(A) Any mortgagee approved by the Secretary
of Housing and Urban Development for
participation in the single family mortgage
insurance program under title II of the
National Housing Act.
(B) Any lender whose housing loans under
chapter 37 of title 38, United States Code are
automatically guaranteed pursuant to section
1802(d) of such title.
(C) Any lender approved by the Secretary of
Agriculture to make guaranteed loans for single
family housing under the Housing Act of 1949.
(D) Any other lender that is supervised,
approved, regulated, or insured by any agency
of the Federal Government.
(5) Terms.--The loan shall--
(A) be made for a term not exceeding 30
years;
(B) bear interest (exclusive of the guarantee
fee under section 404 and service charges, if
any) at a rate agreed upon by the borrower and
the lender and determined by the Secretary to
be reasonable, which may not exceed the rate
generally charged in the area (as determined by
the Secretary) for home mortgage loans not
guaranteed or insured by any agency or
instrumentality of the Federal Government;
(C) involve a principal obligation not
exceeding--
(i) 97.75 percent of the appraised
value of the property as of the date
the loan is accepted for guarantee (or
98.75 percent if the value of the
property is $50,000 or less); and
(ii) the amount approved by the
Secretary under this section; and
(D) involve a payment on account of the
property (i) in cash or its equivalent, or (ii)
through the value of any improvements to the
property made through the skilled or unskilled
labor of the borrower, as the Secretary shall
provide.
(c) Certificate of Guarantee.--
(1) Approval process.--Before the Secretary approves
any loan for guarantee under this section, the lender
shall submit the application for the loan to the
Secretary for examination. If the Secretary approves
the loan for guarantee, the Secretary shall issue a
certificate under this paragraph as evidence of the
guarantee.
(2) Standard for approval.--The Secretary may approve
a loan for guarantee under this section and issue a
certificate under this paragraph only if the Secretary
determines there is a reasonable prospect of repayment
of the loan.
(3) Effect.--A certificate of guarantee issued under
this paragraph by the Secretary shall be conclusive
evidence of the eligibility of the loan for guarantee
under the provisions of this section and the amount of
such guarantee. Such evidence shall be incontestable in
the hands of the bearer and the full faith and credit
of the United States is pledged to the payment of all
amounts agreed to be paid by the Secretary as security
for such obligations.
(4) Fraud and misrepresentation.--This subsection may
not be construed to preclude the Secretary from
establishing defenses against the original lender based
on fraud or material misrepresentation or to bar the
Secretary from establishing by regulations in effect on
the date of issuance or disbursement, whichever is
earlier, partial defenses to the amount payable on the
guarantee.
(d) Guarantee Fee.--The Secretary shall establish and
collect, at the time of issuance of the guarantee, a fee for
the guarantee of loans under this section, in an amount not
exceeding 3 percent of the principal obligation of the loan.
The Secretary may also establish and collect annual premium
payments in an amount not exceeding 1 percent of the remaining
guaranteed balance (excluding the portion of the remaining
balance attributable to the fee collected at the time of
issuance of the guarantee). The Secretary shall establish the
amount of the fees and premiums by publishing a notice in the
Federal Register. The Secretary shall deposit any fees and
premiums collected under this subsection in the Indian Housing
Loan Guarantee Fund established under subsection (i).
(e) Liability Under Guarantee.--The liability under a
guarantee provided under this section shall decrease or
increase on a pro rata basis according to any decrease or
increase in the amount of the unpaid obligation under the
provisions of the loan agreement.
(f) Transfer and Assumption.--Notwithstanding any other
provision of law, any loan guaranteed under this section,
including the security given for the loan, may be sold or
assigned by the lender to any financial institution subject to
examination and supervision by an agency of the Federal
Government or of any State or the District of Columbia.
(g) Disqualification of Lenders and Civil Money Penalties.--
(1) In general.--If the Secretary determines that any
lender or holder of a guarantee certificate under
subsection (c) has failed to maintain adequate
accounting records, to adequately service loans
guaranteed under this section, to exercise proper
credit or underwriting judgment, or has engaged in
practices otherwise detrimental to the interest of a
borrower or the United States, the Secretary may--
(A) refuse, either temporarily or
permanently, to guarantee any further loans
made by such lender or holder;
(B) bar such lender or holder from acquiring
additional loans guaranteed under this section;
and
(C) require that such lender or holder assume
not less than 10 percent of any loss on further
loans made or held by the lender or holder that
are guaranteed under this section.
(2) Civil money penalties for intentional
violations.--If the Secretary determines that any
lender or holder of a guarantee certificate under
subsection (c) has intentionally failed to maintain
adequate accounting records, to adequately service
loans guaranteed under this section, or to exercise
proper credit or underwriting judgment, the Secretary
may impose a civil money penalty on such lender or
holder in the manner and amount provided under section
536 of the National Housing Act with respect to
mortgagees and lenders under such Act.
(3) Payment on loans made in good faith.--
Notwithstanding paragraphs (1) and (2), the Secretary
may not refuse to pay pursuant to a valid guarantee on
loans of a lender or holder barred under this
subsection if the loans were previously made in good
faith.
(h) Payment Under Guarantee.--
(1) Lender options.--
(A) In general.--In the event of default by
the borrower on a loan guaranteed under this
section, the holder of the guarantee
certificate shall provide written notice of the
default to the Secretary. Upon providing such
notice, the holder of the guarantee certificate
shall be entitled to payment under the
guarantee (subject to the provisions of this
section) and may proceed to obtain payment in
one of the following manners:
(i) Foreclosure.--The holder of the
certificate may initiate foreclosure
proceedings (after providing written
notice of such action to the Secretary)
and upon a final order by the court
authorizing foreclosure and submission
to the Secretary of a claim for payment
under the guarantee, the Secretary
shall pay to the holder of the
certificate the pro rata portion of the
amount guaranteed (as determined
pursuant to subsection (e)) plus
reasonable fees and expenses as
approved by the Secretary. The
Secretary shall be subrogated to the
rights of the holder of the guarantee
and the lender holder shall assign the
obligation and security to the
Secretary.
(ii) No foreclosure.--Without seeking
foreclosure (or in any case in which a
foreclosure proceeding 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 obligation 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 assignment, the
Secretary shall pay to the holder of
the
guarantee the pro rata portion of the
amount guaranteed (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
obligation and security to the
Secretary.
(B) Requirements.--Before any payment under a
guarantee is made under subparagraph (A), the
holder of the guarantee shall exhaust all
reasonable possibilities of collection.
Exhausting all reasonable possibilities of
collection by the holder of the guarantee shall
include a good faith consideration of loan
modification as well as meeting standards for
servicing loans in default, as determined by
the Secretary. Upon payment, in whole or in
part, to the holder, the note or judgment
evidencing the debt shall be assigned to the
United States and the holder shall have no
further claim against the borrower or the
United States. The Secretary shall then take
such action to collect as the Secretary
determines appropriate.
(2) Limitations on liquidation.--In the event of a
default by the borrower on a loan guaranteed under this
section involving a security interest in restricted
Indian land, the mortgagee or the Secretary shall only
pursue liquidation after offering to transfer the
account to an eligible tribal member, the tribe, or the
Indian housing authority serving the tribe or tribes.
If the mortgagee or the Secretary subsequently proceeds
to liquidate the account, the mortgagee or the
Secretary shall not sell, transfer, or otherwise
dispose of or alienate the property except to one of
the entities described in the preceding sentence.
(i) Indian Housing Loan Guarantee Fund.--
(1) Establishment.--There is established in the
Treasury of the United States the Indian Housing Loan
Guarantee Fund for the purpose of providing loan
guarantees under this section.
(2) Credits.--The Guarantee Fund shall be credited
with--
(A) any amounts, claims, notes, mortgages,
contracts, and property acquired by the
Secretary under this section, and any
collections and proceeds therefrom;
(B) any amounts appropriated under paragraph
(7);
(C) any guarantee fees collected under
subsection (d); and
(D) any interest or earnings on amounts
invested under paragraph (4).
(3) Use.--Amounts in the Guarantee Fund shall be
available, to the extent provided in appropriation
Acts, for--
(A) fulfilling any obligations of the
Secretary with respect to loans guaranteed
under this section, including the costs (as
such term is defined in section 502 of the
Congressional Budget Act of 1974) of such
loans;
(B) paying taxes, insurance, prior liens,
expenses necessary to make fiscal adjustment in
connection with the application and transmittal
of collections, and other expenses and advances
to protect the Secretary for loans which are
guaranteed under this section or held by the
Secretary;
(C) acquiring such security property at
foreclosure sales or otherwise;
(D) paying administrative expenses in
connection with this section; and
(E) reasonable and necessary costs of
rehabilitation and repair to properties that
the Secretary holds or owns pursuant to this
section.
(4) Investment.--Any amounts in the Guarantee Fund
determined by the Secretary to be in excess of amounts
currently required to carry out this section may be
invested in obligations of the United States.
(5) Limitation on commitments to guarantee loans and
mortgages.--
(A) Requirement of appropriations.--The
authority of the Secretary to enter into
commitments to guarantee loans under this
section shall be effective for any fiscal year
to the extent or in such amounts as are or have
been provided in appropriations Acts, without
regard to the fiscal year for which such
amounts were appropriated.
(B) Limitations on costs of guarantees.--The
authority of the Secretary to enter into
commitments to guarantee loans under this
section shall be effective for any fiscal year
only to the extent that amounts in the
Guarantee Fund are or have been made available
in appropriation Acts to cover the costs (as
such term is defined in section 502 of the
Congressional Budget Act of 1974) of such loan
guarantees for such fiscal year. There are
authorized to be appropriated for such costs
$12,200,000 for each of fiscal years 2018
through 2022. Any amounts appropriated pursuant
to this subparagraph shall remain available
until expended.
(C) Limitation on outstanding aggregate
principal amount.--Subject to the limitations
in subparagraphs (A) and (B), the Secretary may
enter into commitments to guarantee loans under
this section in each of fiscal years [2008
through 2012] 2018 through 2022 with an
aggregate outstanding principal amount not
exceeding [such amount as may be provided in
appropriation Acts for] $976,000,000 for each
such fiscal year.
(6) Liabilities.--All liabilities and obligations of
the assets credited to the Guarantee Fund under
paragraph (2)(A) shall be liabilities and obligations
of the Guarantee Fund.
(7) Authorization of appropriations.--There are
authorized to be appropriated to the Guarantee Fund to
carry out this section such sums as may be necessary
for each of fiscal years 2008 through 2012.
(j) Requirements for Standard Housing.--The Secretary shall,
by regulation, establish housing safety and quality standards
for use under this section. Such standards shall provide
sufficient flexibility to permit the use of various designs and
materials in housing acquired with loans guaranteed under this
section. The standards shall require each dwelling unit in any
housing so acquired to--
(1) be decent, safe, sanitary, and modest in size and
design;
(2) conform with applicable general construction
standards for the region;
(3) contain a heating system that--
(A) has the capacity to maintain a minimum
temperature in the dwelling of 65 degrees
Fahrenheit during the coldest weather in the
area;
(B) is safe to operate and maintain;
(C) delivers a uniform distribution of heat;
and
(D) conforms to any applicable tribal heating
code or, if there is no applicable tribal code,
an appropriate county, State, or National code;
(4) contain a plumbing system that--
(A) uses a properly installed system of
piping;
(B) includes a kitchen sink and a partitional
bathroom with lavatory, toilet, and bath or
shower; and
(C) uses water supply, plumbing, and sewage
disposal systems that conform to any applicable
tribal code or, if there is no applicable
tribal code, the minimum standards established
by the applicable county or State;
(5) contain an electrical system using wiring and
equipment properly installed to safely supply
electrical energy for adequate lighting and for
operation of appliances that conforms to any applicable
tribal code or, if there is no applicable tribal code,
an appropriate county, State, or National code;
(6) be not less than--
(A)(i) 570 square feet in size, if designed
for a family of not more than 4 persons;
(ii) 850 square feet in size, if designed for
a family of not less than 5 and not more than 7
persons; and
(iii) 1020 square feet in size, if designed
for a family of not less than 8 persons, or
(B) the size provided under the applicable
locally adopted standards for size of dwelling
units;
except that the Secretary, upon the request of a tribe
or Indian housing authority, may waive the size
requirements under this paragraph; and
(7) conform with the energy performance requirements
for new construction established by the Secretary under
section 526(a) of the National Housing Act.
(k) Environmental Review.--For purposes of environmental,
review, decisionmaking, and action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other law that furthers the purposes of that Act, a loan
guarantee under this section shall--
(1) be treated as a grant under the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.); and
(2) be subject to the regulations promulgated by the
Secretary to carry out section 105 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4115).
(l) Definitions.--For purposes of this section:
(1) The term ``family'' means 1 or more persons
maintaining a household, as the Secretary shall by
regulation provide.
(2) The term ``Guarantee Fund'' means the Indian
Housing Loan Guarantee Fund established under
subsection (i).
(3) The term ``Indian'' means person recognized as
being Indian or Alaska Native by an Indian tribe, the
Federal Government, or any State.
(4) The term ``Indian area'' means the area within
which an Indian housing authority or Indian tribe is
authorized to provide housing.
(5) The term ``Indian housing authority'' means any
entity that--
(A) is authorized to engage in or assist in
the development or operation of--
(i) low-income housing for Indians;
or
(ii) housing subject to the
provisions of this section; and
(B) is established--
(i) by exercise of the power of self-
government of an Indian tribe
independent of State law; or
(ii) by operation of State law
providing specifically for housing
authorities for Indians, including
regional housing authorities in the
State of Alaska.
The term includes tribally designated housing entities
under the Native American Housing Assistance and Self-
Determination Act of 1996.
(6) The term ``Secretary'' means the Secretary of
Housing and Urban Development.
(7) The term ``standard housing'' means a dwelling
unit or housing that complies with the requirements
established under subsection (j).
(8) Tribe; indian tribe.--The term ``tribe'' or
``Indian 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 as Indians pursuant to the
Indian Self-Determination and Education Assistance Act
of 1975.
(9) The term ``trust land'' means land title to which
is held by the United States for the benefit of an
Indian or Indian tribe or title to which is held by an
Indian tribe subject to a restriction against
alienation imposed by the United States.
* * * * * * *
----------
AMERICAN HOMEOWNERSHIP AND ECONOMIC OPPORTUNITY ACT OF 2000
* * * * * * *
SEC. 501. LANDS TITLE REPORT COMMISSION.
(a) Establishment.--[Subject to sums being provided in
advance in appropriations Acts, there] There is established a
Commission to be known as the Lands Title Report Commission
(hereafter in this section referred to as the ``Commission'')
to facilitate home loan mortgages on Indian trust lands. The
Commission will be subject to oversight by the Committee on
Banking and Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of
12 members, appointed not later than 90 days after the
date of the enactment of [this Act] the Native American
Housing Assistance and Self-Determination
Reauthorization Act of 2017 as follows:
(A) Four members shall be appointed by the
President.
(B) Four members shall be appointed by the
Chairperson of the Committee on Banking and
Financial Services of the House of
Representatives.
(C) Four members shall be appointed by the
Chairperson of the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(2) Qualifications.--
(A) Members of tribes.--At all times, not
less than eight of the members of the
Commission shall be members of federally
recognized Indian tribes.
(B) Experience in land title matters.--All
members of the Commission shall have experience
in and knowledge of land title matters relating
to Indian trust lands.
(3) Chairperson.--The Chairperson of the Commission
shall be one of the members of the Commission appointed
under paragraph (1)(C), as elected by the members of
the Commission.
(4) Vacancies.--Any vacancy on the Commission shall
not affect its powers, but shall be filled in the
manner in which the original appointment was made.
(5) Travel expenses.--Members of the Commission shall
serve without pay, but each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5,
United States Code.
(c) Initial Meeting.--The Chairperson of the Commission shall
call the initial meeting of the Commission. Such meeting shall
be held within 30 days after the Chairperson of the Commission
determines that sums sufficient for the Commission to carry out
its duties under this Act have been appropriated for such
purpose.
(d) Duties.--The Commission shall analyze the system of the
Bureau of Indian Affairs of the Department of the Interior for
maintaining land ownership records and title documents and
issuing certified title status reports relating to Indian trust
lands and, pursuant to such analysis, determine how best to
improve or replace the system--
(1) to ensure prompt and accurate responses to
requests for title status reports;
(2) to eliminate any backlog of requests for title
status reports; and
(3) to ensure that the administration of the system
will not in any way impair or restrict the ability of
Native Americans to obtain conventional loans for
purchase of residences located on Indian trust lands,
including any actions necessary to ensure that the
system will promptly be able to meet future demands for
certified title status reports, taking into account the
anticipated complexity and volume of such requests.
(e) Report.--Not later than the date of the termination of
the Commission under subsection (h), the Commission shall
submit a report to the Committee on Banking and Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate describing
the analysis and determinations made pursuant to subsection
(d).
(f) Powers.--
(1) Hearings and sessions.--The Commission may, for
the purpose of carrying out this section, hold
hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission
considers appropriate.
(2) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the
Commission to assist it in carrying out its duties
under this section.
(3) Obtaining official data.--The Commission may
secure directly from any department or agency of the
United States information necessary to enable it to
carry out this section. Upon request of the Chairperson
of the Commission, the head of that department or
agency shall furnish that information to the
Commission.
(4) Mails.--The Commission may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(5) Administrative support services.--Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its duties
under this section.
(6) Staff.--The Commission may appoint personnel as
it considers appropriate, subject to the provisions of
title 5, United States Code, governing appointments in
the competitive service, and shall pay such personnel
in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section such sums as may be
necessary, and any amounts appropriated pursuant to this
subsection shall remain available until expended.
(h) Termination.--The Commission shall terminate 1 year after
the date of the initial meeting of the Commission.
* * * * * * *
MINORITY VIEWS
Democrats support the reauthorization of the Native
American Housing Assistance and Self-Determination Act
(NAHASDA), which authorizes critical affordable housing and
community development programs for Native American tribes and
Native Hawaiians. However, H.R. 3864 arbitrarily excludes
reauthorization for the Native Hawaiian housing programs under
NAHASDA.
Congress has historically recognized that it has a unique
trust responsibility to promote the welfare of Native
Hawaiians, whose ancestors were displaced from their homelands
by European and American colonialism. Today, Native Hawaiians
experience some of the poorest housing conditions in the
country, but have limited resources to address issues with
substandard housing conditions, as well as housing
affordability and availability. The Hawaiian homelands also
include very remote rural areas that present challenges for
housing development. Other federal housing programs are not
necessarily designed in a way that would adequately address the
challenges that Native Hawaiians face. In light of this history
and the unique housing challenges that Native Hawaiians face,
it is critical that we reauthorize the Native Hawaiian housing
programs under NAHASDA.
H.R. 3864 would also exempt Native American tribes from
current maximum rent requirements for tribes that develop their
own policies governing rent levels, without requiring tribes to
include hardship policies for tenants who cannot afford higher
rent levels. Native Americans experience disproportionately
high levels of poverty and should not be burdened with
unaffordable rent levels.
For these reasons, we oppose H.R. 3864.
Maxine Waters.
Nydia Velazquez.
Juan Vargas.
Michael E. Capuano.
Carolyn B. Maloney.
Al Green.
Emanuel Cleaver.
Gwen Moore.
Stephen F. Lynch.
Keith Ellison.
[all]
