[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5140 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5140

    To provide for rental assistance for homeless or at-risk Indian 
                   veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2022

    Mr. Tester (for himself, Mr. Hoeven, Mr. Lujan, and Mr. Cramer) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To provide for rental assistance for homeless or at-risk Indian 
                   veterans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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--
            (1) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph (D):
                    ``(D) 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 the 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 for 
                                                Indigenous Peoples of 
                                                the United States 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.''.
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