[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S8000-S8001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4509. Mr. SCHATZ (for himself and Ms. Hirono) submitted an 
amendment intended to be proposed by him to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:


[[Page S8001]]


  

       At the appropriate place, insert the following:

     SEC. __. WITHHOLDING OF FUNDS.

       The Secretary of Housing and Urban Development shall 
     withhold all or partial funds to a tribe or tribal entity 
     under the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 et seq.) if, after 
     consultation with the Secretary of the Interior and the 
     tribe, the Secretary determines prior to disbursement that 
     the tribe is not in compliance with obligations under its 
     1866 treaty with the United States as it relates to the 
     inclusion of persons who are lineal descendants of Freedmen 
     as having the rights of the citizens of such tribes, unless a 
     Federal court has issued a final order that determines the 
     treaty obligations with respect to including Freedmen as 
     citizens. For purposes of this section, a court order is not 
     considered final if time remains for an appeal with respect 
     to that order.
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