[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2285 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2285
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2023
Mr. Schatz (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Housing Assistance
and Self-Determination Reauthorization Act of 2023''.
SEC. 2. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the
end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant
amounts under this Act that is carrying out a project that
qualifies as an affordable housing activity under section 202,
if the recipient is using 1 or more additional sources of
Federal funds to carry out the project, and the grant amounts
received under this Act constitute the largest single source of
Federal funds that the recipient reasonably expects to commit
to the project at the time of environmental review, the Indian
tribe of the recipient may assume, in addition to all of the
responsibilities for environmental review, decision making, and
action under subsection (a), all of the additional
responsibilities for environmental review, decision making, and
action under provisions of law that would apply to each Federal
agency providing additional funding were the Federal agency to
carry out the project as a Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the
additional responsibilities for environmental review, decision
making, and action under paragraph (1) with respect to a
project shall be deemed to discharge the responsibility of the
applicable Federal agency for environmental review, decision
making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the
additional responsibilities under paragraph (1), shall certify,
in addition to the requirements under subsection (c)--
``(A) the additional responsibilities that the
Indian tribe has fully carried out under this
subsection; and
``(B) that the certifying officer consents to
assume the status of a responsible Federal official
under the provisions of law that would apply to each
Federal agency providing additional funding under
paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes
an environmental review under this subsection shall
assume sole liability for the content and quality of
the review.
``(B) Remedies and sanctions.--Except as provided
in subparagraph (C), if the Secretary approves a
certification and release of funds to an Indian tribe
for a project in accordance with subsection (b), but
the Secretary or the head of another Federal agency
providing funding for the project subsequently learns
that the Indian tribe failed to carry out the
responsibilities of the Indian tribe as described in
subsection (a) or paragraph (1), as applicable, the
Secretary or other head, as applicable, may impose
appropriate remedies and sanctions in accordance with--
``(i) the regulations issued pursuant to
section 106; or
``(ii) such regulations as are issued by
the other head.
``(C) Statutory violation waivers.--If the
Secretary waives the requirements under this section in
accordance with subsection (d) with respect to a
project for which an Indian tribe assumes additional
responsibilities under paragraph (1), the waiver shall
prohibit any other Federal agency providing additional
funding for the project from imposing remedies or
sanctions for failure to comply with requirements for
environmental review, decision making, and action under
provisions of law that would apply to the Federal
agency.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first
sentence, by striking ``2009 through 2013'' and inserting ``2024
through 2034''.
SEC. 4. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting
``including education-related stipends, college housing assistance, and
other education-related assistance for low-income college students,''
after ``self-sufficiency and other services,''.
SEC. 5. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR OPERATED BY
INDIAN TRIBE OR TRIBALLY DESIGNATED HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by
inserting ``owned or operated by a recipient and'' after ``residing in
a dwelling unit''.
SEC. 6. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND SERVICES.
Section 203(g) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking
``$5,000'' and inserting ``$10,000''.
SEC. 7. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND INCOME
TARGETING.
Section 205 of the Native American Housing Assistance and Self-
Determination Act of 1996 (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:
``(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)--
(A) by striking ``The provisions'' and inserting
the following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
SEC. 8. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the
end the following:
``(c) Notice of Termination.--The notice period described in
subsection (a)(3) shall apply to projects and programs funded in part
by amounts authorized under this Act.''.
SEC. 9. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131
et seq.) is amended by adding at the end the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director of the
Indian Health Service, or a recipient receiving funding for a housing
construction or renovation project under this title, may use funding
from the Indian Health Service for the construction of sanitation
facilities under that project.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after
the item relating to section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 10. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may immediately
take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes
an action described in subparagraph (A), the
Secretary shall provide notice to the recipient
at the time that the Secretary takes that
action.
``(ii) Notice requirements.--The notice
under clause (i) shall inform the recipient
that the recipient may request a hearing by not
later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing
requested under clause (ii) shall be
conducted--
``(I) in accordance with subpart A
of part 26 of title 24, Code of Federal
Regulations (or successor regulations);
and
``(II) to the maximum extent
practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a
hearing requested under clause (ii) is not
completed by the date that is 180 days after
the date on which the recipient requests the
hearing, the action of the Secretary to limit
the availability of payments shall no longer be
effective.''.
SEC. 11. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a)
shall be made publicly available, including to recipients.''.
SEC. 12. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 13. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
Section 802(e) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to subrecipients,
except for for-profit entities, using amounts provided under
this title to carry out affordable housing activities upon a
determination by the Director that such subrecipients have
adequate capacity to carry out activities in accordance with
this Act.''.
SEC. 14. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP PROVISIONS.
Section 824 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4243) is amended by striking
``such sums as may be necessary'' and all that follows through the
period at the end and inserting ``such sums as may be necessary for
each of fiscal years 2024 through 2034.''.
SEC. 15. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103))
that is developed, acquired, or assisted under the block grant program
established under section 101 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by
more than 20 percent, without prior approval of the Secretary of
Housing and Urban Development, the total development cost maximum cost
for all housing assisted under an affordable housing activity,
including development and model activities.
SEC. 16. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND SPECIAL
ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of 1974
(42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Indian Tribes and Tribally Designated Housing Entities as
Community-Based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally
designated housing entity' has the meaning given the term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally
designated housing entity, or a tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection under a grant made under section 106(a)(1).
``(j) Special Activities by Indian Tribes.--An Indian tribe
receiving a grant under paragraph (1) of section 106(a)(1) shall be
authorized to directly carry out activities described in paragraph (15)
of such section 106(a)(1).''.
SEC. 17. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the
following: ``, Indian tribes, and tribally designated
housing entities'';
(2) in subparagraph (B), by inserting ``, Indian tribes,
and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G);
and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms
`Indian tribe' and `tribally designated housing entity'
have the meanings given those terms in section 4 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).''.
SEC. 18. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(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 and the unique nature of tribal economies,
and to expand homeownership opportunities to Indian families, Indian
housing authorities and Indian tribes on fee simple 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 on
trust land and fee simple land.''; and
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and adjusting the margins
accordingly;
(ii) by striking ``The loan'' and inserting
the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so
designated, by adding at the end the following:
``(v) Any entity certified as a community
development financial institution by the
Community Development Financial Institutions
Fund established under section 104(a) of the
Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(iv) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may
authorize qualifying lenders to participate in
a direct guarantee process for approving loans
under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary
determines that a mortgage guaranteed
through a direct guarantee process
under this subparagraph was not
originated in accordance with the
requirements established by the
Secretary, the Secretary may require
the lender approved under this
subparagraph to indemnify the Secretary
for the loss, irrespective of whether
the violation caused the mortgage
default.
``(II) Fraud or
misrepresentation.--If fraud or
misrepresentation is involved in a
direct guarantee process under this
subparagraph, the Secretary shall
require the original lender approved
under this subparagraph to indemnify
the Secretary for the loss regardless
of when an insurance claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may
periodically review the mortgagees originating,
underwriting, or servicing single family
mortgage loans under this section.
``(ii) Requirements.--In conducting a
review under clause (i), the Secretary--
``(I) shall compare the mortgagee
with other mortgagees originating or
underwriting loan guarantees for Indian
housing based on the rates of defaults
and claims for guaranteed mortgage
loans originated, underwritten, or
serviced by that mortgagee;
``(II) may compare the mortgagee
with such other mortgagees based on
underwriting quality, geographic area
served, or any commonly used factors
the Secretary determines necessary for
comparing mortgage default risk,
provided that the comparison is of
factors that the Secretary would expect
to affect the default risk of mortgage
loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by
regulation, notice, or mortgagee letter; and
``(I) may terminate the approval of
a mortgagee to originate, underwrite,
or service loan guarantees for housing
under this section if the Secretary
determines that the mortgage loans
originated, underwritten, or serviced
by the mortgagee present an
unacceptable risk to the Indian Housing
Loan Guarantee Fund established under
subsection (i)--
``(aa) based on a
comparison of any of the
factors set forth in this
subparagraph; or
``(bb) by a determination
that the mortgagee engaged in
fraud or misrepresentation.'';
and
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (h)(1)(B), the term of
the loan shall not exceed 40 years''.
(b) 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 first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2024 through 2034.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2024 through 2034''.
SEC. 19. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who are
eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in the
State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)(B)--
(i) by redesignating clause (iv) as clause
(v); and
(ii) by adding after clause (iii) the
following:
``(iv) Any entity certified as a community
development financial institution by the
Community Development Financial Institutions
Fund established under section 104(a) of the
Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (i)(1)(B), the term of
the loan shall not exceed 40 years''; and
(3) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2024 through 2034.''.
SEC. 20. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime''
means the illegal manufacture, sale, distribution, use, or
possession with intent to manufacture, sell, distribute, or use
a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of
the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII
of that Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment.--The Secretary may make grants under this
section to recipients of assistance under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
for use in eliminating drug-related and violent crime.
(c) Eligible Activities.--Grants under this section may be used
for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of
Indian Affairs law enforcement agencies for additional security
and protective services;
(3) physical improvements which are specifically designed
to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in
and around the real property comprising housing
assisted under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.); and
(B) to provide evidence relating to such crime in
any administrative or judicial proceeding;
(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant patrols
acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around
housing communities funded under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.), including drug-abuse prevention, intervention,
referral, and treatment programs;
(7) providing funding to nonprofit resident management
corporations and resident councils to develop security and drug
abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve
primarily youths from housing communities funded through and
are operated in conjunction with, or in furtherance of, an
organized program or plan designed to reduce or eliminate drugs
and drug-related problems in and around those communities; and
(9) other programs for youth in school settings that
address drug prevention and positive alternatives for youth,
including education and activities related to science,
technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection,
an eligible applicant shall submit an application to the
Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-
related or violent crime in and around of the housing
administered or owned by the applicant for which the
application is being submitted; and
(B) such additional information as the Secretary
may reasonably require.
(2) Criteria.--The Secretary shall approve applications
submitted under paragraph (1) on the basis of thresholds or
criteria such as--
(A) the extent of the drug-related or violent crime
problem in and around the housing or projects proposed
for assistance;
(B) the quality of the plan to address the crime
problem in the housing or projects proposed for
assistance, including the extent to which the plan
includes initiatives that can be sustained over a
period of several years;
(C) the capability of the applicant to carry out
the plan; and
(D) the extent to which tenants, the Tribal
government, and the Tribal community support and
participate in the design and implementation of the
activities proposed to be funded under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating the
extent of the drug-related crime problem pursuant to subsection (d)(2),
the Secretary may consider whether housing or projects proposed for
assistance are located in a high intensity drug trafficking area
designated pursuant to section 707(b) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees
under this section to provide periodic reports that include the
obligation and expenditure of grant funds, the progress made by
the grantee in implementing the plan described in subsection
(d)(1)(A), and any change in the incidence of drug-related
crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the system used to distribute funding to
grantees under this section, which shall include descriptions
of--
(A) the methodology used to distribute amounts made
available under this section; and
(B) actions taken by the Secretary to ensure that
amounts made available under section are not used to
fund baseline local government services, as described
in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish on the
website of the Department a notice of all grant awards made pursuant to
section, which shall identify the grantees and the amount of the
grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the
program funded under this subsection to ensure that assistance
provided under this subsection is administered in accordance
with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this
section may not be used to reimburse or support any
local law enforcement agency or unit of general local
government for the provision of services that are
included in the baseline of services required to be
provided by any such entity pursuant to a local
cooperative agreement pursuant under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5301 et seq.) or any provision of an annual
contributions contract for payments in lieu of taxation
with the Bureau of Indian Affairs.
(B) Description.--Each grantee under this section
shall describe, in the report under subsection (f)(1),
such baseline of services for the unit of Tribal
government in which the jurisdiction of the grantee is
located.
(3) Enforcement.--The Secretary shall provide for the
effective enforcement of this section, as specified in the
program requirements published in a notice by the Secretary,
which may include--
(A) the use of on-site monitoring, independent
public audit requirements, certification by Tribal or
Federal law enforcement or Tribal government officials
regarding the performance of baseline services referred
to in paragraph (2);
(B) entering into agreements with the Attorney
General to achieve compliance, and verification of
compliance, with the provisions of this section; and
(C) adopting enforcement authority that is
substantially similar to the authority provided to the
Secretary under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.).
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal years 2024
through 2034 to carry out this section.
SEC. 21. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(E) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given those terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary shall use not less than 5 percent of
the amounts made available for rental
assistance under this paragraph to carry out a
rental assistance and supported housing
program, to be known as the `Tribal HUD-VASH
program', in conjunction with the Secretary of
Veterans Affairs, by awarding grants for the
benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded
under the Program shall be administered in
accordance with the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.), except that
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made
available for tenant-based rental
assistance under this subsection and
without regard to the amounts used for
new grants under clause (ii), such
amounts as may be necessary to award
renewal grants to eligible recipients
that received a grant under the Program
in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1
year after the date of enactment of
this subparagraph, and every 5 years
thereafter, the Secretary, in
coordination with the Secretary of
Veterans Affairs and the Director of
the Indian Health Service, shall--
``(aa) conduct a review of
the implementation of the
Program, including any factors
that may have limited its
success; and
``(bb) submit a report
describing the results of the
review under item (aa) to--
``(AA) the
Committee on Indian
Affairs, the Committee
on Banking, Housing,
and Urban Affairs, the
Committee on Veterans'
Affairs, and the
Committee on
Appropriations of the
Senate; and
``(BB) the
Subcommittee on Indian,
Insular and Alaska
Native Affairs of the
Committee on Natural
Resources, the
Committee on Financial
Services, the Committee
on Veterans' Affairs,
and the Committee on
Appropriations of the
House of
Representatives.
``(II) Analysis of housing stock
limitation.--The Secretary shall
include in the initial report submitted
under subclause (I) a description of--
``(aa) any regulations
governing the use of formula
current assisted stock (as
defined in section 1000.314 of
title 24, Code of Federal
Regulations (or any successor
regulation)) within the
Program;
``(bb) the number of
recipients of grants under the
Program that have reported the
regulations described in item
(aa) as a barrier to
implementation of the Program;
and
``(cc) proposed alternative
legislation or regulations
developed by the Secretary in
consultation with recipients of
grants under the Program to
allow the use of formula
current assisted stock within
the Program.''.
SEC. 22. CONTINUUM OF CARE.
(a) Definitions.--In this section--
(1) the terms ``collaborative applicant'' and ``eligible
entity'' have the meanings given those terms in section 401 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360);
and
(2) the terms ``Indian tribe'' and ``tribally designated
housing entity'' have the meanings given those terms in section
4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
(b) Nonapplication of Civil Rights Laws.--With respect to the funds
made available for the Continuum of Care program authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11381 et seq.) under the heading ``Homeless Assistance
Grants'' in the Department of Housing and Urban Development
Appropriations Act, 2021 (Public Law 116-260) and under section 231 of
the Department of Housing and Urban Development Appropriations Act,
2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3601 et seq.) shall not apply to applications by or awards
for projects to be carried out--
(1) on or off reservation or trust lands for awards made to
Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to
eligible entities.
(c) Certification.--With respect to funds made available for the
Continuum of Care program authorized under subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
under the heading ``Homeless Assistance Grants'' under section 231 of
the Department of Housing and Urban Development Appropriations Act,
2020 (42 U.S.C. 11364a)--
(1) applications for projects to be carried out on
reservations or trust land shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance and
Self-Determination Act (25 U.S.C. 4112), notwithstanding
section 106 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities
that are recipients of awards for projects on reservations or
trust land shall certify that they are following an approved
housing plan developed under section102 of the Native American
Housing Assistance and Self-Determination Act (25 U.S.C. 4112);
and
(3) a collaborative applicant for a Continuum of Care whose
geographic area includes only reservation and trust land is not
required to meet the requirement in section 402(f)(2) of the
McKinney- Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(2)).
SEC. 23. LEVERAGING.
All funds provided under a grant made pursuant to this Act or the
amendments made by this Act may be used for purposes of meeting
matching or cost participation requirements under any other Federal or
non-Federal program, provided that such grants made pursuant to the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.) are spent in accordance with that Act.
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