[Congressional Record Volume 170, Number 76 (Thursday, May 2, 2024)]
[Senate]
[Pages S3355-S3360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1986. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 1911 submitted by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and 
intended to be proposed to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

 TITLE XIV--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2024

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2024''.

     SEC. 1402. 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

[[Page S3356]]

     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 
     responsibilities 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. 1403. 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 ``2025 through 2031''.

     SEC. 1404. 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 college housing 
     assistance,'' after ``self-sufficiency and other services,''.

     SEC. 1405. CLARIFICATION OF APPLICATION OF RENT RULE 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. 1406. 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 ``$7,000''.

     SEC. 1407. TOTAL DEVELOPMENT COST MAXIMUM COST.

       Section 203 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by 
     adding at the end the following:
       ``(h) Total Development Cost Maximum Cost.--Affordable 
     housing that is developed, acquired, or assisted under the 
     block grant program established under section 101 shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary, the total development cost maximum cost for all 
     housing assisted under an affordable housing activity, 
     including development and model activities.''.

     SEC. 1408. 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. 1409. 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. 1410. 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. 1411. 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. 1412. 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. 1413. 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. 1414. 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--
       (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.''.

[[Page S3357]]

  


     SEC. 1415. REAUTHORIZATION OF HOUSING ASSISTANCE FOR NATIVE 
                   HAWAIIANS.

       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 2025 
     through 2031.''.

     SEC. 1416. 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, Tribally Designated Housing Entities, 
     and Tribal Organizations as Community-based Development 
     Organizations.--
       ``(1) Definitions.--In this subsection:
       ``(A) Tribal organization.--The term `tribal organization' 
     has the meaning the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       ``(B) Tribally designated housing entity.--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) shall 
     be authorized to directly carry out activities described in 
     paragraph (15) of such section 106(a).''.

     SEC. 1417. 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, tribally 
     designated housing entities, 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, tribally designated housing entity, 
     Indian housing authority, or Indian tribe on trust land and 
     fee simple land.'';
       (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 other lender that is supervised, approved, 
     regulated, or insured by any agency of the Federal 
     Government, including 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 endorsement process and 
     indemnification.--
       ``(i) Authorization.--The Secretary may, dependent on the 
     available systems development and staffing resources, 
     delegate to eligible lenders the authority to directly 
     endorse loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a loan 
     guaranteed under this section 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 or potential loss, irrespective of whether the violation 
     caused or will cause the loan default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a loan guaranteed under this 
     section, the Secretary may require the original lender 
     approved under this subparagraph to indemnify the Secretary 
     for the loss regardless of whether there was a payment made 
     by the Secretary under the guarantee.
       ``(III) Implementation.--The Secretary may implement any 
     requirement described in this subparagraph by regulation, 
     notice or Dear Lender Letter.

       ``(C) Review of lenders.--
       ``(i) In general.--The Secretary may periodically review 
     the lenders 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 lender with other lenders 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed loans originated, underwritten, or serviced by 
     that lender;
       ``(II) may compare the lender with such other lenders 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 the comparisons described in 
     subclauses (I) and (II) by regulation, notice, or Dear Lender 
     Letter; and
       ``(IV) may terminate the approval of a lender 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 lender 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 lender 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'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Before'' and inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     before''; and
       (ii) by adding at the end the following:
       ``(B) Exception.--Subparagraph (A) shall not apply when the 
     Secretary exercises its discretion to delegate direct 
     guarantee endorsement authority to eligible lenders under 
     subsection (b)(4)(B)(i).'';
       (B) in paragraph (2)--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Exceptions.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     to eligible lenders under subsection (b)(4)(B)(i)--
       ``(i) subparagraph (A) shall not apply; and
       ``(ii) the direct guarantee endorsement lender may issue a 
     certificate under this paragraph as evidence of the guarantee 
     in accordance with requirements established by the 
     Secretary.''; and
       (C) in paragraph (3), by inserting ``, or where applicable, 
     the direct guarantee endorsement lender,'' after 
     ``Secretary'' in each place that term appears; and
       (4) in subsection (l)--
       (A) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (B) by inserting after paragraph (7) the following:
       ``(8) 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).''.
       (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 2025 through 2031.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2025 through 2031''.

     SEC. 1418. 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)--
       (i) in subparagraph (B)--

       (I) by redesignating clause (iv) as clause (v); and
       (II) by adding after clause (iii) the following:

       ``(iv) Any other lender that is supervised, approved, 
     regulated, or insured by any agency of the Federal 
     Government, including 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
       (ii) by adding at the end the following:
       ``(C) Direct guarantee endorsement and indemnification.--
       ``(i) In general.--If the Secretary determines that a loan 
     guaranteed under this section was not originated in 
     accordance with

[[Page S3358]]

     the requirements established by the Secretary, the Secretary 
     may require the lender approved under this paragraph to 
     indemnify the Secretary for the loss or potential loss, 
     irrespective of whether the violation caused or will cause 
     the loan default.
       ``(ii) Direct guarantee endorsement.--The Secretary may, 
     dependent on the availability of systems development and 
     staffing resources, delegate to eligible lenders the 
     authority to directly endorse loans under this section.
       ``(iii) Fraud or misrepresentation.--If fraud or 
     misrepresentation was involved in the direct guarantee 
     endorsement process by a lender under this section, the 
     Secretary shall require the approved direct guarantee 
     endorsement lender to indemnify the Secretary for any loss or 
     potential loss, regardless of whether the fraud or 
     misrepresentation caused or may cause the loan default.
       ``(iv) Implementation.--The Secretary may implement any 
     requirements described in this subparagraph by regulation, 
     notice, or Dear Lender Letter.
       ``(v) Review of lenders.--

       ``(I) In general.--The Secretary may periodically review 
     the lenders originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(II) Requirements.--In conducting a review under 
     paragraph (1), the Secretary--

       ``(aa) shall compare the lender with other lenders 
     originating or underwriting loan guarantees for Indian 
     housing and Native Hawaiian housing based on the rates of 
     defaults and claims for guaranteed loans originated, 
     underwritten, or serviced by that lender; and
       ``(bb) may compare the lender with such other lenders 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.'';
       (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'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``Before'' and 
     inserting ``Except as provided in subsection (C), before'';
       (ii) in subparagraph (B), by striking ``If'' and inserting 
     ``Except as provided under subparagraph (C), before''; and
       (iii) by adding at the end the following:
       ``(C) Exception.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and 
     (B) of this paragraph shall not apply.'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Standard for approval.--
       ``(A) Approval.--Except as provided in subparagraph (B), 
     the Secretary may approve a loan for guarantee under this 
     section and issue a certificate under this subsection only if 
     the Secretary determines that there is a reasonable prospect 
     of repayment of the loan.
       ``(B) Exceptions.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii)--
       ``(i) subparagraph (A) shall not apply; and
       ``(ii) the direct guarantee endorsement lender may issue a 
     certificate under this paragraph as evidence of the guarantee 
     in accordance with requirements prescribed by the 
     Secretary.''; and
       (C) in paragraph (3)(A), by inserting ``or, where 
     applicable, the direct guarantee endorsement lender,'' after 
     ``Secretary'' and
       (4) 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 2025 through 2031.''.

     SEC. 1419. 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, in consultation with 
     the Bureau of Indian Affairs and relevant Tribal law 
     enforcement agencies, 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

[[Page S3359]]

     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 2025 through 2031 to carry out this section.

     SEC. 1420. 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:
       ``(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 may use up to 
     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.--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--

       ``(I) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(II) submit a report describing the results of the review 
     under subclause (II) 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 Indian and Insular 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.
       ``(xi) Impact on formula current assisted stock.--For a 
     given fiscal year's allocation formula of the Native American 
     Housing Block Grants program, as authorized under title I of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4111 et seq.), the number of 
     qualifying low-income housing dwelling units under section 
     302(b)(1) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4152(b)(1)) shall not be 
     reduced due to the placement of an eligible Indian veteran 
     assisted with amounts provided under the Program within such 
     qualifying units.''.

     SEC. 1421. CONTINUUM OF CARE.

       Title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11360 et seq.) is amended--
       (1) in section 401 (42 U.S.C. 11360)--
       (A) by redesignating paragraphs (32) through (35) as 
     paragraphs (33) through (36) respectively; and
       (B) by inserting after paragraph (31) the following:
       ``(32) Tribally designated housing entity.--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) in section 423(g) (42 U.S.C. 11383(g)), by inserting 
     ``Indian tribe, tribally designated housing entity,'' after 
     ``private nonprofit organization,''; and
       (3) in section 435 (42 U.S.C. 11389)--
       (A) by striking ``Notwithstanding'' and inserting ``(a) 
     Eligible Entities.--Notwithstanding'';
       (B) in subsection (a), as so designated, by striking ``(as 
     defined in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103))''; and
       (C) by adding at the end the following:
       ``(b) Civil Rights Exemptions.--With respect to grants 
     awarded to carry out eligible activities under this subtitle, 
     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 or 
     awards for projects to be carried out--

[[Page S3360]]

       ``(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.--Notwithstanding section 106 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12706) and section 403 of this Act, with respect to 
     applications for projects to be carried out on reservations 
     or trust land using grants awarded under this subtitle--
       ``(1) the applications 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); and
       ``(2) Indian tribes and tribally designated housing 
     entities that are recipients of awards for projects on 
     reservations or trust land from such funds shall certify that 
     they are following an approved housing plan developed under 
     section 102 of the Native American Housing Assistance and 
     Self-Determination Act (25 U.S.C. 4112).
       ``(d) Consolidated Plan Exemption.--A collaborative 
     applicant for a Continuum of Care whose geographic area 
     includes only reservation or trust land is not required to 
     meet the requirement described in section 402(f)(2).''.
                                 ______