locate such budget authority to public housing agencies pursuant to the competition.

(2) CRITERIA.-The competition shall be based on successful and outstanding implementation by public housing agencies of a local self-sufficiency program under this section. The Secretary shall establish performance criteria for public housing agencies carrying out such local programs and the Secretary shall cause such criteria to be published in the Federal Register.

(3) USE.-Each public housing agency that receives an allocation of budget authority under this subsection shall use such authority to provide assistance under the local self-sufficiency program established by the public housing agency under this section.

(4) RESERVATION OF BUDGET AUTHORITY.-Notwithstanding section 213(d) of the Housing and Community Development Act of 1974, the Secretary shall reserve for allocation under this subsection not less than 10 percent of the portion of budget authority appropriated in each of fiscal years 1991 and 1992 for section 8 that is available for purposes of providing assistance under the existing housing certificate and housing voucher programs for families not currently receiving assistance, and not less than 10 percent of the public housing development assistance available in such fiscal years for the purpose under section 5(a)(2) (excluding amounts for major reconstruction of obsolete projects).

(j) ON-SITE FACILITIES.-Each public housing agency carrying out a local program may, subject to the approval of the Secretary, make available and utilize common areas or unoccupied public housing units in public housing projects administered by the agency for the provision of supportive services under the local program. The use of the facilities of a public housing agency under this subsection shall not affect the amount of assistance provided to the agency under section 9.

(k) FLEXIBILITY.-In establishing and carrying out the self-sufficiency program under this section, the Secretary shall allow public housing agencies, units of general local government, and other organizations discretion and flexibility, to the extent practicable, in developing and carrying out local programs.

(1) REPORTS.

(1) TO SECRETARY.-Each public housing agency that carries out a local self-sufficiency program approved by the Secretary under this section shall submit to the Secretary, not less than annually a report regarding the program. The report shall include

(A) a description of the activities carried out under the program;

(B) a description of the effectiveness of the program in assisting families to achieve economic independence and self-sufficiency;

(C) a description of the effectiveness of the program in coordinating resources of communities to assist families to achieve economic independence and self-sufficiency; and

(D) any recommendations of the public housing agency or the appropriate local program coordinating committee for legislative or administrative action that would improve the self-sufficiency program carried out by the Secretary and ensure the effectiveness of the program.

(2) HUD ANNUAL REPORT.-The Secretary shall submit to the Congress annually, as a part of the report of the Secretary under section 8 of the Department of Housing and Urban Development Act, a report summarizing the information submitted by public housing agencies under paragraph (1). The report under this paragraph shall also include any recommendations of the Secretary for improving the effectiveness of the self-sufficiency program under this section.

(m) GAO REPORT.

(1) IN GENERAL.-The Comptroller General of the United States shall submit to the Congress reports under this subsection evaluating and describing the Family Self-Sufficiency program carried out by the Secretary under this section.

(2) TIMING.-The Comptroller General shall submit the following reports under this subsection:

(A) An interim report, not later than the expiration of the 2-year period beginning on the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act. 1

(B) A final report, not later than the expiration of the 5year period beginning on the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act.1

(n) DEFINITIONS.-As used in this section:

(1) The term "contract of participation" means a contract under subsection (c) entered into by a public housing agency carrying out a local program under this section and a participating family.

(2) The term "earned income" means income from wages, tips, salaries, and other employee compensation, and any earnings from self-employment. The term does not include any pension or annuity, transfer payments, or any cash or in-kind benefits.

(3) The term "local program" means a program for providing supportive services to participating families carried out by a public housing agency within the jurisdiction of the public housing agency.

(4) The term "participating family" means a family that resides in public housing or housing assisted under section 8 and elects to participate in a local self-sufficiency program under this section.

(0) EFFECTIVE Date and REGULATIONS.

(1) REGULATIONS.-Not later than the expiration of the 180day period beginning on the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act,1 the Secretary shall by notice establish any requirements necessary to carry out this section. Such requirements shall be subject to section

1 The date of enactment was November 28, 1990.

553 of title 5, United States Code. The Secretary shall issue final regulations based on the notice not later than the expiration of the 8-month period beginning on the date of the notice. Such regulations shall become effective upon the expiration of the 1-year period beginning on the date of the publication of the final regulations.

(2) APPLICABILITY TO INDIAN PUBLIC HOUSING.-In accordance with section 201(b)(2), the provisions of this section shall also apply to public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority. [42 U.S.C. 1437u]

TITLE II-ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES 1

SEC. 201. ESTABLISHMENT OF SEPARATE PROGRAM OF ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES.

(a) GENERAL AUTHORITY.-The Secretary shall carry out programs to provide low-income housing on Indian reservations and other Indian areas in accordance with the provisions of this title. (b) APPLICABILITY OF TITLE I.

(1) IN GENERAL.-Except as otherwise provided in this title, the provisions of title I shall apply to low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority.2

(2) PUBLIC HOUSING.-No provision of title I (or of any other law specifically modifying the public housing program under

This title was added by the Indian Housing Act of 1988, Pub. L. 100-358, approved on June 29, 1988. Section 6 of the Act provides the following:

"SEC. 6. APPLICABILITY.

"The Secretary of Housing and Urban Development may carry out programs to provide lower income housing on Indian reservations and other Indian areas only in accordance with the amendments made by this Act, commencing on whichever of the following occurs earlier:

"(1) EFFECTIVE date of reguLATIONS.-The effective date of regulations issued under section 205 of the United States Housing Act of 1937.

"(2) 90 DAYS.-The expiration of the 90-day period beginning on the date of the enactment of this Act.".

2 Section 959 of Pub. L. 101-625 provides as follows:

"SEC. 959. WAIVER OF MATCHING FUNDS REQUIREMENTS IN INDIAN HOUSING PROGRAMS.

"(a) AUTHORIZAtion of WaiveR.-For any housing program that provides assistance through any Indian housing authority, the Secretary of Housing and Urban Development may provide assistance under such program in any fiscal year notwithstanding any other provision of law that requires the Indian housing authority to provide amounts to match or supplement the amounts provided under such program, if the Indian housing authority has not received amounts for such fiscal year under the title I of the Housing and Community Development Act of 1974.

"(b) EXTENT OF WAIVER.-The authority under subsection (a) to provide assistance notwithstanding requirements regarding matching or supplemental amounts shall be effective only to the extent provided by the Secretary, which shall not extend beyond the fiscal year in which the waiver is made or beyond the receipt of any amounts by an Indian housing authority under title I of the Housing and Community Development Act of 1974.

"(c) DEFINITION OF HOUSING PROGRAM.-For purposes of this section, the term "housing program" means a program under the administration of the Secretary of Housing and Urban Development or the Secretary of Agriculture (through the Administrator of the Farmers Home Administration) that provides assistance in the form of contracts, grants, loans, cooperative agreements, or any other form of assistance (including the insurance or guarantee of a loan, mortgage, or pool of mortgages) for housing.". [42 U.S.C. 1437ff]

1

title I) that is enacted after the date of the enactment of the Indian Housing Act of 1988 1 shall apply to public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority, unless the provision explicitly provides for such applicability.2

(c) INAPPLICABILITY OF CERTAIN REQUIREMENTS.-Lower income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority shall not be subject to section 227 of the Housing and Urban-Rural Recovery Act of 1983 (relating to pet ownership in assisted housing for the elderly or handicapped). [42 U.S.C. 1437aa]

SEC. 202. MUTUAL HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM.

(a) ESTABLISHMENT.-The Secretary shall carry out a mutual help homeownership opportunity program for Indian families in accordance with this section. The program shall be designed to meet the homeownership needs of Indian families on Indian reservations and other Indian areas, including Indian families whose incomes exceed the levels established for low-income families.

(b) FINANCIAL ASSISTANCE.

(1) IN GENERAL.-The Secretary may, to the extent provided in appropriation Acts, enter into contracts with Indian housing authorities under title I to provide financial assistance for the development, acquisition, operation, and improvement of housing projects under this section.

(2) ELIGIBILITY FOR CIAP.-Notwithstanding the provisions of section 14(c), the Secretary may provide assistance provided for comprehensive modernization under section 14 for the housing projects under this section for the purposes under section 14. Any assistance shall be provided under this paragraph only in the form of a single grant for each housing project (or unit within a project) selected for such assistance. (c) ELIGIBLE PROJECTS.

(1) PROJECT TYPES.-Projects for which assistance may be provided under this section may include single-family detached dwellings and other single-family dwellings (including row houses).

(2) FORMS OF OWNERSHIP.-In addition to fee simple ownership and other forms of ownership, the Secretary may permit and facilitate cooperative ownership for any project assisted under this section, if the Indian housing authority requests cooperative ownership and the Secretary determines such ownership to be appropriate for the project.

1 June 29, 1988.

2 Section 527 of the Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101-625, which generally amended title I of this Act, provides as follows:

"SEC. 527. APPLICABILITY.

"In accordance with section 201(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437aa(b)(2)), the provisions of this subtitle that modify the public housing program under title I of the United States Housing Act of 1937 shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority, except that sections 502 and 510 shall not apply.".

(3) PROPERTY STANDARDS.-Property standards for projects assisted under this section shall be established by regulation, in accordance with section 205. The standards shall

(A) provide sufficient flexibility to permit the use of different designs and materials; and

(B) include cost-effective energy conservation performance standards designed to ensure the lowest total construction and operating costs.

(d) ELIGIBLE FAMILIES.

(1) IN GENERAL.-Except as provided in paragraph (2), assistance under this section shall be limited to Indian low-income families on Indian reservations and other Indian areas.

(2) EXCEPTION.

(A) DEMONSTRATED NEED.-An Indian housing authority may provide assistance under this section to families on Indian reservations and other Indian areas whose incomes exceed the levels established for low-income families, if the Indian housing authority demonstrates to the satisfaction of the Secretary that there is a need for housing for such families that cannot reasonably be met without such assistance. An Indian housing authority may provide assistance under this section to any non-Indian family on an Indian reservation or other Indian area if the Indian housing authority 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.

(B) LIMITATION ON NUMBER OF UNITS.-The number of dwelling units in any project assisted under this section that may be occupied by or reserved for families on Indian reservations and other Indian areas whose incomes exceed the levels established for low-income families may not exceed whichever of the following is higher:

(i) 10 PERCENT.-10 percent of the dwelling units in the project.

(ii) 5 UNITS.-5 dwelling units.

(e) MUTUAL HELP AND OCCUPANCY AGREEMENT.-Each Indian housing authority operating a program under this section shall require each family selected for housing under this section to enter into a mutual help and occupancy agreement. The agreement shall provide the following:

(1) FAMILY CONTRIBUTION.—

(A) GENERAL REQUIREMENT.-The family shall agree to contribute toward the development cost of a project in the form of land, labor, cash, or materials or equipment. The value of the contribution of each family shall not be less than $1,500.

(B) CONTRIBUTION BY INDIAN TRIBE.-Contributions other than labor may be made by an Indian tribe on behalf of a family.

(2) MONTHLY PAYMENT.—