[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2264 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2264

    To reauthorize the Native American Housing Assistance and Self-
                       Determination Act of 1996.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2021

  Mr. Schatz (for himself, Ms. Murkowski, Mr. Hoeven, Mr. Tester, Ms. 
  Smith, Ms. Cortez Masto, Mr. Lujan, and Mr. Rounds) 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 2021''.

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 ``2022 
through 2032''.

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. PROGRAM REQUIREMENTS.

    Section 203(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(a)) (as amended by section 5) 
is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following:
            ``(2) Application of tribal policies.--Paragraph (3) shall 
        not apply if--
                    ``(A) the recipient has a written policy governing 
                rents and homebuyer payments charged for dwelling 
                units; and
                    ``(B) that policy includes a provision governing 
                maximum rents or homebuyer payments, including tenant 
                protections.''; and
            (4) in paragraph (3) (as so redesignated), by striking ``In 
        the case of'' and inserting ``In the absence of a written 
        policy governing rents and homebuyer payments, in the case 
        of''.

SEC. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 2022 through 2032.''.

SEC. 16. 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. 17. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.

    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).''.

SEC. 18. 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. 19. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

    (a) In General.--Section 184(b)(4) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) is amended by--
            (1) redesignating subparagraphs (A) through (D) as clauses 
        (i) through (iv), respectively, and adjusting the margins 
        accordingly;
            (2) by striking ``The loan'' and inserting the following:
                    ``(A) In general.--The loan'';
            (3) 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
            (4) 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.''.
    (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 2022 through 2032.''; and
            (2) in subparagraph (C), by striking ``2008 through 2012'' 
        and inserting ``2022 through 2032''.

SEC. 20. 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 (c)(4)(B)--
                    (A) by redesignating clause (iv) as clause (v); and
                    (B) 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
            (2) 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 2022 through 2032.''.

SEC. 21. ASSISTANT SECRETARY FOR INDIAN HOUSING.

    The Department of Housing and Urban Development Act (42 U.S.C. 3531 
et seq.) is amended--
            (1) in section 4 (42 U.S.C. 3533)--
                    (A) in subsection (a)(1), by striking ``7'' and 
                inserting ``8''; and
                    (B) in subsection (e)--
                            (i) by redesignating paragraph (2) as 
                        paragraph (4); and
                            (ii) by striking ``(e)(1)(A) There'' and 
                        all that follows through the end of paragraph 
                        (1) and inserting the following:
    ``(e)(1) There is established within the Department the Office of 
Native American Programs (in this subsection referred to as the 
`Office') to be headed by an Assistant Secretary for Native American 
Programs (in this subsection referred to as the `Assistant Secretary'), 
who shall be 1 of the Assistant Secretaries in subsection (a)(1).
    ``(2) The Assistant Secretary shall be responsible for--
            ``(A) administering, in coordination with the relevant 
        office in the Department, the provision of housing assistance 
        to Indian tribes or Indian housing authorities under each 
        program of the Department that provides for such assistance;
            ``(B) administering the community development block grant 
        program for Indian tribes under title I of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and 
        the provision of assistance to Indian tribes under such Act;
            ``(C) directing, coordinating, and assisting in managing 
        any regional offices of the Department that administer Indian 
        programs to the extent of such programs; and
            ``(D) coordinating all programs of the Department relating 
        to Indian and Alaska Native housing and community development.
    ``(3) The Secretary shall include in the annual report under 
section 8 a description of the extent of the housing needs for Indian 
families and community development needs of Indian tribes in the United 
States and the activities of the Department, and extent of such 
activities, in meeting such needs.''; and
            (2) in section 8 (42 U.S.C. 3536), by striking ``section 
        4(e)(2)'' and inserting ``section 4(e)(4)''.

SEC. 22. 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 2022 
through 2032 to carry out this section.

SEC. 23. 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. 24. LEVERAGING.

    All funds provided under a grant made pursuant to this division or 
the amendments made by this division 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.
                                 <all>