[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4507-S4512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2240. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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:
At the end of title X, add the following:
Subtitle H--Native American Housing Assistance and Self-Determination
Reauthorization Act of 2024
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2024''.
SEC. 1097. 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
[[Page S4508]]
``(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. 1098. 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. 1099. 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. 1099A. 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. 1099B. 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. 1099C. 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. 1099D. 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. 1099E. 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. 1099F. 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. 1099G. 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. 1099H. 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. 1099I. 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. 1099J. 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.''.
SEC. 1099K. 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. 1099L. 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
[[Page S4509]]
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. 1099M. 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. 1099N. 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 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
[[Page S4510]]
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. 1099O. 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 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
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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 of
fiscal years 2025 through 2031 to carry out this section.
SEC. 1099P. 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. 1099Q. 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--
``(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
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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).''.
______