I 

116TH CONGRESS 

1ST SESSION H. R. 5319 

To reauthorize the Native American Housing Assistance and SelfDetermination Act of 1996, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2019 

Mr. HECK (for himself, Mr. TIPTON, Mr. LUJA ́N, Mr. COLE, Ms. HAALAND, 

Mr. YOUNG, Ms. MOORE, and Ms. GABBARD) introduced the following 

bill; which was referred to the Committee on Financial Services 

A BILL 

To reauthorize the Native American Housing Assistance and 

Self-Determination Act of 1996, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Native American Housing Assistance and Self-Deter7 mination Reauthorization Act of 2019’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Office of Native American Programs. 


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TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

Sec. 101. Block grants. 

Sec. 102. Recommendations regarding exceptions to annual Indian housing 

plan requirement. 

Sec. 103. Environmental review. 

Sec. 104. Deadline for action on request for approval regarding exceeding TDC 

maximum cost for project. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Sec. 201. National objectives and eligible families. 

Sec. 202. Homeownership or lease-to-own low-income requirement and income 

targeting. 

Sec. 203. Lease requirements and tenant selection. 

Sec. 204. Tribal coordination of agency funding. 

Sec. 205. Exception to maximum total development cost for energy efficient 

housing. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

Sec. 301. Authorization of appropriations. 

Sec. 302. Effect of undisbursed block grant amounts on annual allocations. 

TITLE IV—AUDITS AND REPORTS 

Sec. 401. Review and audit by Secretary. 

Sec. 402. Reports to Congress. 

TITLE V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 

Sec. 501. HUD–Veterans Affair Supportive Housing program for Native American veterans. 

Sec. 502. Loan guarantees for Indian housing. 

Sec. 503. Set-aside of USDA rural housing funding for Indian tribes. 

Sec. 504. Indian tribe eligibility for HUD housing counseling. 

Sec. 505. Competitive grants. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Lands Title Report Commission. 

Sec. 602. Leasehold interest in trust or restricted lands for housing purposes. 

Sec. 603. Exemption for Indian tribes from national flood insurance program 

participation requirement. 

Sec. 604. Clerical amendment. 

TITLE VII—HOUSING FOR NATIVE HAWAIIANS 

Sec. 701. Reauthorization of Native Hawaiian Homeownership Act. 

Sec. 702. Reauthorization of loan guarantees for Native Hawaiian housing. 

1 (c) REFERENCES.—Except as otherwise expressly 

2 provided, wherever in this Act an amendment or repeal 

3 is expressed in terms of an amendment to, or repeal of, 

4 a section or other provision, the reference shall be considVerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319

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1 ered to be made to a section or other provision of the Na2 tive American Housing Assistance and Self-Determination 

3 Act of 1996 (25 U.S.C. 4101 et seq.). 

4 SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS. 

5 (a) ESTABLISHMENT.—Section 4 of the Department 

6 of Housing and Urban Development Act (42 U.S.C. 3533) 

7 is amended— 

8 (1) in subsection (a)(1), by striking ‘‘7 Assist9 ant Secretaries’’ and inserting ‘‘8 Assistant Secre10 taries’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(i) OFFICE OF NATIVE AMERICAN PROGRAMS.— 

14 ‘‘(1) ESTABLISHMENT.—There is established, 

15 in the Department, the Office of Native American 

16 Programs. 

17 ‘‘(2) HEAD.—The head of the Office of Native 

18 American Programs shall be one of the Assistant 

19 Secretaries appointed pursuant to subsection 

20 (a)(1).’’. 

21 (b) PAY RATE.—Section 5315 of title 5, United 

22 States Code is amended, in the item relating to Assistant 

23 Secretaries of Housing and Urban Development, by strik24 ing ‘‘(8)’’ and inserting ‘‘(9)’’. 


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1 TITLE I—BLOCK GRANTS AND 

2 GRANT REQUIREMENTS 

3 SEC. 101. BLOCK GRANTS. 

4 Section 101 (25 U.S.C. 4111) is amended— 

5 (1) in subsection (c), by adding after the period 

6 at the end the following: ‘‘The Secretary shall act 

7 upon a waiver request submitted under this sub8 section by a recipient within 60 days after receipt of 

9 such request.’’; and 

10 (2) in subsection (k), by striking ‘‘1’’ and in11 serting ‘‘an’’. 

12 SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS 

13 TO ANNUAL INDIAN HOUSING PLAN RE14 QUIREMENT. 

15 Not later than the expiration of the 120-day period 

16 beginning on the date of the enactment of this Act and 

17 after consultation with Indian tribes, tribally designated 

18 housing entities, and other interested parties, the Sec19 retary of Housing and Urban Development shall submit 

20 to the Congress recommendations for standards and pro21 cedures for waiver of, or alternative requirements (which 

22 may include multi-year housing plans) for, the require23 ment under section 102(a) of the Native American Hous24 ing Assistance and Self-Determination Act of 1996 (25 

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1 ing plans for an Indian tribe. Such recommendations shall 

2 include a description of any legislative and regulatory 

3 changes necessary to implement such recommendations. 

4 SEC. 103. ENVIRONMENTAL REVIEW. 

5 Section 105 (25 U.S.C. 4115) is amended— 

6 (1) in subsection (d)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘may’’ and inserting ‘‘shall’’; and 

9 (B) by adding after and below paragraph 

10 (4) the following: 

11 ‘‘The Secretary shall act upon a waiver request submitted 

12 under this subsection by a recipient within 60 days after 

13 receipt of such request.’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

17 REQUIREMENTS.—If a recipient is using one or more 

18 sources of Federal funds in addition to grant amounts 

19 under this Act in carrying out a project that qualifies as 

20 an affordable housing activity under section 202, such 

21 other sources of Federal funds do not exceed 49 percent 

22 of the total cost of the project, and the recipient’s tribe 

23 has assumed all of the responsibilities for environmental 

24 review, decisionmaking, and action pursuant to this sec25 tion, the tribe’s compliance with the review requirements 


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1 under this section and the National Environmental Policy 

2 Act of 1969 with regard to such project shall be deemed 

3 to fully comply with and discharge any applicable environ4 mental review requirements that might apply to Federal 

5 agencies with respect to the use of such additional Federal 

6 funding sources for that project.’’. 

7 SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP8 PROVAL REGARDING EXCEEDING TDC MAX9 IMUM COST FOR PROJECT. 

10 (a) APPROVAL.—Section 103 (25 U.S.C. 4113) is 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EX14 CEED TDC MAXIMUM.—A request for approval by the 

15 Secretary of Housing and Urban Development to exceed 

16 by more than 10 percent the total development cost max17 imum cost for a project shall be approved or denied during 

18 the 60-day period that begins on the date that the Sec19 retary receives the request.’’. 

20 (b) DEFINITION.—Section 4 (25 U.S.C. 4103) is 

21 amended— 

22 (1) by redesignating paragraph (22) as para23 graph (23); and 

24 (2) by inserting after paragraph (21) the fol25 lowing new paragraph: 


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1 ‘‘(22) TOTAL DEVELOPMENT COST.—The term 

2 ‘total development cost’ means, with respect to a 

3 housing project, the sum of all costs for the project, 

4 including all undertakings necessary for administra5 tion, planning, site acquisition, demolition, construc6 tion or equipment and financing (including payment 

7 of carrying charges), and for otherwise carrying out 

8 the development of the project, excluding off-site 

9 water and sewer. The total development cost 

10 amounts shall be based on a moderately designed 

11 house and determined by averaging the current con12 struction costs as listed in not less than two nation13 ally recognized residential construction cost indi14 ces.’’. 

15 TITLE II—AFFORDABLE 

16 HOUSING ACTIVITIES 

17 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

18 The second paragraph (6) of section 201(b) (25 

19 U.S.C. 4131(b)(6); relating to exemption) is amended— 

20 (1) by striking ‘‘1964 and’’ and inserting 

21 ‘‘1964,’’; and 

22 (2) by inserting after ‘‘1968’’ the following: ‘‘, 

23 and section 3 of the Housing and Urban Develop24 ment Act of 1968’’. 


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1 SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN2 COME REQUIREMENT AND INCOME TAR3 GETING. 

4 Section 205 (25 U.S.C. 4135) is amended— 

5 (1) in subsection (a)(1)— 

6 (A) in subparagraph (C), by striking 

7 ‘‘and’’ at the end; and 

8 (B) by adding at the end the following new 

9 subparagraph: 

10 ‘‘(E) notwithstanding any other provision 

11 of this paragraph, in the case of rental housing 

12 that is made available to a current rental family 

13 for conversion to a homebuyer or a lease-pur14 chase unit, that the current rental family can 

15 purchase through a contract of sale, lease-pur16 chase agreement, or any other sales agreement, 

17 is made available for purchase only by the cur18 rent rental family, if the rental family was a 

19 low-income family at the time of their initial oc20 cupancy of such unit; and’’; and 

21 (2) in subsection (c), by adding after the period 

22 at the end the following: ‘‘The provisions of such 

23 paragraph regarding binding commitments for the 

24 remaining useful life of the property shall not apply 

25 to improvements of privately owned homes if the 

26 cost of such improvements do not exceed 10 percent 


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1 of the maximum total development cost for such 

2 home.’’. 

3 SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION. 

4 Section 207 (25 U.S.C. 4137) is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(c) NOTICE OF TERMINATION.—Notwithstanding 

7 any other provision of law, the owner or manager of rental 

8 housing that is assisted in part with amounts provided 

9 under this Act and in part with one or more other sources 

10 of Federal funds shall only utilize leases that require a 

11 notice period for the termination of the lease pursuant to 

12 subsection (a)(3).’’. 

13 SEC. 204. TRIBAL COORDINATION OF AGENCY FUNDING. 

14 (a) IN GENERAL.—Subtitle A of title II (25 U.S.C. 

15 4131 et seq.) is amended by adding at the end the fol16 lowing new section: 

17 ‘‘SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION. 

18 ‘‘Notwithstanding any other provision of law, a re19 cipient authorized to receive funding under this Act may, 

20 in its discretion, use funding from the Indian Health Serv21 ice of the Department of Health and Human Services for 

22 construction of sanitation facilities for housing construc23 tion and renovation projects that are funded in part by 

24 funds provided under this Act.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) is amended by inserting after the item re3 lating to section 210 the following new item: 

‘‘Sec. 211. IHS sanitation facilities construction.’’ 

4 SEC. 205. EXCEPTION TO MAXIMUM TOTAL DEVELOPMENT 

5 COST FOR ENERGY EFFICIENT HOUSING. 

6 Section 103 (25 U.S.C. 4113) is amended by adding 

7 at the end the following new subsection: 

8 ‘‘(g) EXCEPTION TO MAXIMUM TOTAL DEVELOP9 MENT COST FOR ENERGY EFFICIENT HOUSING.—The 

10 Secretary shall approve a request to exceed the total devel11 opment cost maximum cost for a project to the extent that 

12 such exception is necessary to provide energy efficiency 

13 upgrades for the project and the cost of such upgrades 

14 does not exceed the average cost of such upgrades in the 

15 area in which the project is located.’’. 

16 TITLE III—ALLOCATION OF 

17 GRANT AMOUNTS 

18 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 108 (25 U.S.C. 4117) is amended to read as 

20 follows: 

21 ‘‘SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There is authorized to be appropriated for grants 

23 under this title— 

24 ‘‘(1) $680,000,000 for fiscal year 2020; 

25 ‘‘(2) $713,000,000 for fiscal year 2021; 


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1 ‘‘(3) $747,000,000 for fiscal year 2022; 

2 ‘‘(4) $783,000,000 for fiscal year 2023; and 

3 ‘‘(5) $820,000,000 for fiscal year 2024.’’. 

4 SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT 

5 AMOUNTS ON ANNUAL ALLOCATIONS. 

6 (a) IN GENERAL.—Title III (25 U.S.C. 4151 et seq.) 

7 is amended by adding at the end the following new section: 

8 ‘‘SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON 

9 ANNUAL ALLOCATIONS. 

10 ‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED

11 GRANT AMOUNTS.—Subject to subsection (d) of this sec12 tion, if on October 1, 2020, or on any October 1 there13 after, the total amount of undisbursed block grants for 

14 a recipient in the line of credit control system (or a suc15 cessor system) of the Department of Housing and Urban 

16 Development is greater than the sum of the initial alloca17 tions for the previous 3 fiscal years, the Secretary shall— 

18 ‘‘(1) before October 31 of such year, notify the 

19 Indian tribe allocated the grant amounts and any 

20 tribally designated housing entity for the tribe of the 

21 undisbursed funds; and 

22 ‘‘(2) require the recipient for the tribe to, not 

23 later than 30 days after the Secretary provides noti24 fication pursuant to paragraph (1)— 


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1 ‘‘(A) notify the Secretary in writing of the 

2 reasons why the recipient has not requested the 

3 disbursement of such amounts; and 

4 ‘‘(B) demonstrate to the satisfaction of the 

5 Secretary that the recipient has the capacity to 

6 spend Federal funds in an effective manner, 

7 which demonstration may include evidence of 

8 the timely expenditure of amounts previously 

9 distributed under this Act to the recipient. 

10 ‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec11 tions 301 and 302, the allocation for such fiscal year for 

12 a recipient described in subsection (a) shall be the amount 

13 initially calculated according to the formula minus the dif14 ference between the recipient’s total amount of 

15 undisbursed block grants in the Department’s line of cred16 it control system on such January 1 and three times the 

17 initial formula amount for such fiscal year. 

18 ‘‘(c) REALLOCATION.—Notwithstanding any other 

19 provision of law, any grant amounts not allocated to a re20 cipient pursuant to subsection (b) shall be allocated under 

21 the need component of the formula proportionately 

22 amount all other Indian tribes not subject to such an ad23 justment. 

24 ‘‘(d) INAPPLICABILITY.—Subsections (a) and (b) 

25 shall not apply to an Indian tribe with respect to any fiscal 


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1 year for which the amount allocated for the tribe for block 

2 grants under this Act is less than $5,000,000. 

3 ‘‘(e) EFFECTIVENESS.—This section shall not require 

4 the issuance of any regulation to take effect and shall not 

5 be construed to confer hearing rights under this or any 

6 other section of this Act.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 in section 1(b) is amended by inserting after the item re9 lating to section 302 the following new item: 

‘‘Sec. 303. Effect of undisbursed grant amounts on annual allocations.’’. 

10 TITLE IV—AUDITS AND REPORTS 

11 SEC. 401. REVIEW AND AUDIT BY SECRETARY. 

12 Section 405(c) (25 U.S.C. 4165(c)) is amended, by 

13 adding at the end the following new paragraph: 

14 ‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec15 retary shall issue a final report within 60 days after 

16 receiving comments under paragraph (1) from a re17 cipient.’’. 

18 SEC. 402. REPORTS TO CONGRESS. 

19 Section 407 (25 U.S.C. 4167) is amended— 

20 (1) in subsection (a), by striking ‘‘Congress’’ 

21 and inserting ‘‘Committee on Financial Services and 

22 the Committee on Natural Resources of the House 

23 of Representatives, to the Committee on Indian Af24 fairs and the Committee on Banking, Housing, and 

25 Urban Affairs of the Senate, and to any subcommitVerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319

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1 tees of such committees having jurisdiction with re2 spect to Native American and Alaska Native af3 fairs,’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.—Each 

7 report submitted pursuant to subsection (a) shall be made 

8 publicly available to recipients.’’. 

9 TITLE V—OTHER HOUSING AS10 SISTANCE FOR NATIVE AMER11 ICANS 

12 SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 

13 PROGRAM FOR NATIVE AMERICAN VET14 ERANS. 

15 Paragraph (19) of section 8(o) of the United States 

16 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend17 ed by adding at the end the following new subparagraph: 

18 ‘‘(D) INDIAN VETERANS HOUSING RENTAL

19 ASSISTANCE PROGRAM.— 

20 ‘‘(i) DEFINITIONS.—In this subpara21 graph: 

22 ‘‘(I) ELIGIBLE INDIAN VET23 ERAN.—The term ‘eligible Indian vet24 eran’ means an Indian veteran who 

25 is— 


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1 ‘‘(aa) homeless or at risk of 

2 homelessness; and 

3 ‘‘(bb) living— 

4 ‘‘(AA) on or near a res5 ervation; or 

6 ‘‘(BB) in or near any 

7 other Indian area. 

8 ‘‘(II) ELIGIBLE RECIPIENT.— 

9 The term ‘eligible recipient’ means a 

10 recipient eligible to receive a grant 

11 under section 101 of the Native 

12 American Housing Assistance and 

13 Self-Determination Act of 1996 (25 

14 U.S.C. 4111). 

15 ‘‘(III) INDIAN; INDIAN AREA.— 

16 The terms ‘Indian’ and ‘Indian area’ 

17 have the meanings given such terms 

18 in section 4 of the Native American 

19 Housing Assistance and Self-Deter20 mination Act of 1996 (25 U.S.C. 

21 4103). 

22 ‘‘(IV) INDIAN VETERAN.—The 

23 term ‘Indian veteran’ means an In24 dian who is a veteran. 


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1 ‘‘(V) PROGRAM.—The term ‘Pro2 gram’ means the Tribal HUD–VASH 

3 program carried out under clause (ii). 

4 ‘‘(VI) TRIBAL ORGANIZATION.— 

5 The term ‘tribal organization’ has the 

6 meaning given such term in section 4 

7 of the Indian Self-Determination and 

8 Education Assistance Act (25 U.S.C. 

9 5304). 

10 ‘‘(ii) PROGRAM SPECIFICATIONS.— 

11 The Secretary shall use not less than 5 

12 percent of the amounts made available for 

13 rental assistance under this paragraph to 

14 carry out a rental assistance and sup15 ported housing program, to be known as 

16 the Tribal HUD–VASH program, in con17 junction with the Secretary of Veterans Af18 fairs, by awarding grants for the benefit of 

19 eligible Indian veterans. 

20 ‘‘(iii) MODEL.— 

21 ‘‘(I) IN GENERAL.—Except as 

22 provided in subclause (II), the Sec23 retary shall model the Program on the 

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1 paragraph (A) and applicable appro2 priations Acts, including administra3 tion in conjunction with the Secretary 

4 of Veterans Affairs. 

5 ‘‘(II) EXCEPTIONS.— 

6 ‘‘(aa) SECRETARY OF HOUS7 ING AND URBAN DEVELOP8 MENT.—After consultation with 

9 Indian tribes, eligible recipients, 

10 and any other appropriate tribal 

11 organizations, the Secretary may 

12 make necessary and appropriate 

13 modifications to facilitate the use 

14 of the Program by eligible recipi15 ents to serve eligible Indian vet16 erans. 

17 ‘‘(bb) SECRETARY OF VET18 ERANS AFFAIRS.—After consulta19 tion with Indian tribes, eligible 

20 recipients, and any other appro21 priate tribal organizations, the 

22 Secretary of Veterans Affairs 

23 may make necessary and appro24 priate modifications to facilitate 

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1 ble recipients to serve eligible In2 dian veterans. 

3 ‘‘(iv) ELIGIBLE RECIPIENTS.—The 

4 Secretary shall make amounts for rental 

5 assistance and associated administrative 

6 costs under the Program available in the 

7 form of grants to eligible recipients. 

8 ‘‘(v) FUNDING CRITERIA.—The Sec9 retary shall award grants under the Pro10 gram based on— 

11 ‘‘(I) need; 

12 ‘‘(II) administrative capacity; and 

13 ‘‘(III) any other funding criteria 

14 established by the Secretary in a no15 tice published in the Federal Register 

16 after consulting with the Secretary of 

17 Veterans Affairs. 

18 ‘‘(vi) ADMINISTRATION.—Grants 

19 awarded under the Program shall be ad20 ministered in accordance with the Native 

21 American Housing Assistance and Self-De22 termination Act of 1996 (25 U.S.C. 4101 

23 et seq.), except that recipients shall— 

24 ‘‘(I) submit to the Secretary, in a 

25 manner prescribed by the Secretary, 


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1 reports on the utilization of rental as2 sistance provided under the Program; 

3 and 

4 ‘‘(II) provide to the Secretary in5 formation specified by the Secretary 

6 to assess the effectiveness of the Pro7 gram in serving eligible Indian vet8 erans. 

9 ‘‘(vii) CONSULTATION.— 

10 ‘‘(I) GRANT RECIPIENTS; TRIBAL

11 ORGANIZATIONS.—The Secretary, in 

12 coordination with the Secretary of 

13 Veterans Affairs, shall consult with el14 igible recipients and any other appro15 priate tribal organization on the de16 sign of the Program to ensure the ef17 fective delivery of rental assistance 

18 and supportive services to eligible In19 dian veterans under the Program. 

20 ‘‘(II) INDIAN HEALTH SERV21 ICE.—The Director of the Indian 

22 Health Service shall provide any as23 sistance requested by the Secretary or 

24 the Secretary of Veterans Affairs in 

25 carrying out the Program. 


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1 ‘‘(viii) WAIVER.— 

2 ‘‘(I) IN GENERAL.—Except as 

3 provided in subclause (II), the Sec4 retary may waive or specify alter5 native requirements for any provision 

6 of law (including regulations) that the 

7 Secretary administers in connection 

8 with the use of rental assistance made 

9 available under the Program if the 

10 Secretary finds that the waiver or al11 ternative requirement is necessary for 

12 the effective delivery and administra13 tion of rental assistance under the 

14 Program to eligible Indian veterans. 

15 ‘‘(II) EXCEPTIONS.—The Sec16 retary may not waive or specify alter17 native requirements under subclause 

18 (I) for any provision of law (including 

19 regulations) relating to labor stand20 ards or the environment. 

21 ‘‘(ix) RENEWAL GRANTS.—The Sec22 retary may— 

23 ‘‘(I) set aside, from amounts 

24 made available for tenant-based rental 

25 assistance under this subsection and 


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1 without regard to the amounts used 

2 for new grants under clause (ii), such 

3 amounts as may be necessary to 

4 award renewal grants to eligible re5 cipients that received a grant under 

6 the Program in a previous year; and 

7 ‘‘(II) specify criteria that an eli8 gible recipient must satisfy to receive 

9 a renewal grant under subclause (I), 

10 including providing data on how the 

11 eligible recipient used the amounts of 

12 any grant previously received under 

13 the Program. 

14 ‘‘(x) REPORTING.— 

15 ‘‘(I) IN GENERAL.—Not later 

16 than 1 year after the date of enact17 ment of the Tribal HUD–VASH Act 

18 of 2019, and every 5 years thereafter, 

19 the Secretary, in coordination with the 

20 Secretary of Veterans Affairs and the 

21 Director of the Indian Health Service, 

22 shall— 

23 ‘‘(aa) conduct a review of 

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1 gram, including any factors that 

2 may have limited its success; and 

3 ‘‘(bb) submit a report de4 scribing the results of the review 

5 under item (aa) to— 

6 ‘‘(AA) the Committee 

7 on Indian Affairs, the Com8 mittee on Banking, Housing, 

9 and Urban Affairs, the 

10 Committee on Veterans’ Af11 fairs, and the Committee on 

12 Appropriations of the Sen13 ate; and 

14 ‘‘(BB) the Sub15 committee on Indian, Insu16 lar and Alaska Native Af17 fairs of the Committee on 

18 Natural Resources, the 

19 Committee on Financial 

20 Services, the Committee on 

21 Veterans’ Affairs, and the 

22 Committee on Appropria23 tions of the House of Rep24 resentatives. 


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1 ‘‘(II) ANALYSIS OF HOUSING

2 STOCK LIMITATION.—The Secretary 

3 shall include in the initial report sub4 mitted under subclause (I) a descrip5 tion of— 

6 ‘‘(aa) any regulations gov7 erning the use of formula current 

8 assisted stock (as defined in sec9 tion 1000.314 of title 24, Code of 

10 Federal Regulations (or any suc11 cessor regulation)) within the 

12 Program; 

13 ‘‘(bb) the number of recipi14 ents of grants under the Pro15 gram that have reported the reg16 ulations described in item (aa) as 

17 a barrier to implementation of 

18 the Program; and 

19 ‘‘(cc) proposed alternative 

20 legislation or regulations devel21 oped by the Secretary in con22 sultation with recipients of 

23 grants under the Program to 

24 allow the use of formula current 


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1 assisted stock within the Pro2 gram.’’. 

3 SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 184(i) of the Housing and Community Development Act 

6 of 1992 (12 U.S.C. 1715z–13a(i)) is amended— 

7 (1) in paragraph (5)— 

8 (A) in subparagraph (C), by striking 

9 ‘‘2008 through 2012’’ and inserting ‘‘2020 

10 through 2024’’; and 

11 (2) by striking paragraph (7) and inserting the 

12 following new paragraph: 

13 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the 

15 Guarantee Fund to carry out this section— 

16 ‘‘(A) $12,200,000 for fiscal year 2020; 

17 ‘‘(B) $12,800,000 for fiscal year 2021; 

18 ‘‘(C) $13,400,000 for fiscal year 2022; 

19 ‘‘(D) $14,000,000 for fiscal year 2023; 

20 and 

21 ‘‘(E) $14,700,000 for fiscal year 2024.’’. 

22 (b) FORECLOSURE PROCEEDINGS.— 

23 (1) JURISDICTION.—Paragraph (1) of section 

24 184(h) of the Housing and Community Development 


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•HR 5319 IH

1 Act of 1992 (12 U.S.C. 1715z–13a(h)(1)) is amend2 ed— 

3 (A) in subparagraph(A)(i), by inserting ‘‘, 

4 including in a tribal court having jurisdiction,’’ 

5 after ‘‘notice of such action to the Secretary)’’; 

6 and 

7 (B) in subparagraph (B), by inserting be8 fore the period at the end the following: ‘‘, 

9 which may include initiating foreclosure pro10 ceedings in the tribal court having jurisdiction, 

11 but if the tribal court does not hold proceedings 

12 on a foreclosure complaint within the period 

13 provided under applicable law or within 90 days 

14 of service of the foreclosure complaint (which15 ever is longer), the Secretary may voluntarily 

16 dismiss the tribal court action and proceed to 

17 file in another court of competent jurisdiction’’. 

18 (2) CONTRACT ATTORNEYS.—Clause (i) of sec19 tion 184(h)(1)(A) of the Housing and Community 

20 Development Act of 1992 (12 U.S.C. 1715z– 

21 13a(h)(1)), as amended by subsection (b) of this sec22 tion, is further amended by adding at the end the 

23 following: ‘‘The Attorney General may contract for 

24 and use the services of private attorneys in handling 

25 such foreclosure proceedings if the Attorney General 


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•HR 5319 IH

1 determines use of such attorneys will facilitate com2 petent and cost-effective representation.’’. 

3 SEC. 503. SET-ASIDE OF USDA RURAL HOUSING FUNDING 

4 FOR INDIAN TRIBES. 

5 Section 509 of the Housing Act of 1949 (42 U.S.C. 

6 1479) is amended by adding at the end the following new 

7 subsection: 

8 ‘‘(g) SET-ASIDE FOR INDIAN TRIBES.—For each fis9 cal year, the Secretary shall set aside and reserve for as10 sistance for Indian tribes (as such term is defined in sec11 tion 4 of the Native American Housing Assistance and 

12 Self-Determination Act of 1996 (25 U.S.C. 4103)) an 

13 amount equal to 5.0 percent in each fiscal year of the ag14 gregate amount of lending authority, budget authority, or 

15 guarantee authority, as appropriate, made available for 

16 such fiscal year for assistance under each of sections 502, 

17 504, 515, 533, and 538 and of the aggregate amount 

18 made available to the Rural Utilities Service to carry out 

19 programs or activities. The procedure under this section 

20 for reserving amounts shall also provide that any assist21 ance set aside in any fiscal year for Indian tribes that has 

22 not been expended by a reasonable date established by the 

23 Secretary shall be made available and allocated under the 

24 laws and regulations relating to such assistance, notwith25 standing this subsection.’’. 


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•HR 5319 IH

1 SEC. 504. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 

2 COUNSELING. 

3 Paragraph (4) of section 106(a) of the Housing and 

4 Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) 

5 is amended— 

6 (1) in subparagraph (A)— 

7 (A) by striking ‘‘and’’ and inserting a 

8 comma; and 

9 (B) by inserting before the period at the 

10 end the following: ‘‘, Indian tribes, and tribally 

11 designated housing entities. For purposes of 

12 this paragraph, the terms ‘Indian tribe’ and 

13 ‘tribally designated housing entity’ shall have 

14 the same meanings given such terms in section 

15 4 of the Native American Housing Assistance 

16 and Self-Determination Act of 1996 (25 U.S.C. 

17 4103)’’; and 

18 (2) in subparagraph (B), by inserting ‘‘, Indian 

19 tribes, and tribally designated housing entities’’ after 

20 ‘‘organizations)’’. 

21 SEC. 505. COMPETITIVE GRANTS. 

22 Title VII (25 U.S.C. 4211 et seq.) is amended by 

23 adding at the end the following new section: 

24 ‘‘SEC. 706. COMPETITIVE GRANTS. 

25 ‘‘(a) AUTHORITY.—To the extent amounts are made 

26 available pursuant to subsection (d), the Secretary shall 


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•HR 5319 IH

1 make grants under this section, pursuant to a competition 

2 for such grants, to eligible recipients of block grants under 

3 title I that apply for grants under this section for use only 

4 for carrying out eligible affordable housing activities under 

5 section 202 (25 U.S.C. 4132). 

6 ‘‘(b) PRIORITY; CONSIDERATIONS.—In awarding 

7 grants under this section, the Secretary shall— 

8 ‘‘(1) give priority to projects for construction, 

9 and related necessary infrastructure, that will in10 crease the inventory of affordable housing; 

11 ‘‘(2) encourage housing rehabilitation projects 

12 that will increase the useful life of existing afford13 able housing dwelling units and alleviate sub14 standard housing conditions; 

15 ‘‘(3) encourage necessary affordable housing-re16 lated infrastructure projects that will enable future 

17 construction or rehabilitation; and 

18 ‘‘(4) consider need and administrative capacity 

19 of applicants. 

20 ‘‘(c) ADMINISTRATIVE COSTS.—Of any amounts 

21 made available pursuant to subsection (d) for any fiscal 

22 year, not more than 1 percent may be used by the Sec23 retary for necessary costs of administering and overseeing 

24 the obligation and expenditure of amounts made available 

25 for grants under this section. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated for grants under this sec3 tion— 

4 ‘‘(1) $100,000,000 for fiscal year 2020; 

5 ‘‘(2) $105,000,000 for fiscal year 2021; 

6 ‘‘(3) $110,000,000 for fiscal year 2022; 

7 ‘‘(4) $115,000,000 for fiscal year 2023; and 

8 ‘‘(5) $120,000,000 for fiscal year 2024.’’. 

9 TITLE VI—MISCELLANEOUS 

10 SEC. 601. LANDS TITLE REPORT COMMISSION. 

11 Section 501 of the American Homeownership and 

12 Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) 

13 is amended— 

14 (1) in subsection (a), by striking ‘‘Subject to 

15 sums being provided in advance in appropriations 

16 Acts, there’’ and inserting ‘‘There’’; and 

17 (2) in subsection (b)(1) by striking ‘‘this Act’’ 

18 and inserting ‘‘the Native American Housing Assist19 ance and Self-Determination Reauthorization Act of 

20 2019’’. 

21 SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 

22 LANDS FOR HOUSING PURPOSES. 

23 Section 702 (25 U.S.C. 4211) is amended— 


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1 (1) in subsection (c)(1), by inserting ‘‘, whether 

2 enacted before, on, or after the date of the enact3 ment of this section’’ after ‘‘law’’; and 

4 (2) by striking ‘‘50 years’’ each place such term 

5 appears and inserting ‘‘99 years’’. 

6 SEC. 603. EXEMPTION FOR INDIAN TRIBES FROM NATIONAL 

7 FLOOD INSURANCE PROGRAM PARTICIPA8 TION REQUIREMENT. 

9 Paragraph (3) of section 3(a) of the Flood Disaster 

10 Protection Act of 1973 (42 U.S.C. 4003(a)(3)) is amend11 ed by inserting before the semicolon at the end the fol12 lowing: ‘‘or for any Indian tribe that has in effect a plan 

13 for mitigating damage resulting from flooding that has 

14 been approved by the tribal government for the tribe’’. 

15 SEC. 604. CLERICAL AMENDMENT. 

16 The table of contents in section 1(b) is amended by 

17 striking the item relating to section 206 (treatment of 

18 funds). 

19 TITLE VII—HOUSING FOR 

20 NATIVE HAWAIIANS 

21 SEC. 701. REAUTHORIZATION OF NATIVE HAWAIIAN HOME22 OWNERSHIP ACT. 

23 Section 824 (25 U.S.C. 4243) is amended to read as 

24 follows: 


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1 ‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to the De3 partment of Housing and Urban Development for grants 

4 under this title— 

5 ‘‘(1) $13,000,000 for fiscal year 2020; 

6 ‘‘(2) $13,620,000 for fiscal year 2021; 

7 ‘‘(3) $14,280,000 for fiscal year 2022; 

8 ‘‘(4) $14,960,000 for fiscal year 2023; and 

9 ‘‘(5) $15,680,000 for fiscal year 2024.’’. 

10 SEC. 702. REAUTHORIZATION OF LOAN GUARANTEES FOR 

11 NATIVE HAWAIIAN HOUSING. 

12 Section 184A(j) of the Housing and Community De13 velopment Act of 1992 (12 U.S.C. 1715z–13b(j)) is 

14 amended— 

15 (1) in paragraph (5)(C), by striking ‘‘for each 

16 of fiscal years’’ and all that follows through the pe17 riod at the end and inserting ‘‘for each of fiscal 

18 years 2020 through 2024 with an aggregate out19 standing principal amount not exceeding such 

20 amount as may be provided in appropriation Acts 

21 for such fiscal year.’’; and 

22 (2) by striking paragraph (7) and inserting the 

23 following new paragraph: 

24 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to the 

26 Guarantee Fund to carry out this section— 


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1 ‘‘(A) $386,000 for fiscal year 2020; 

2 ‘‘(B) $405,000 for fiscal year 2021; 

3 ‘‘(C) $424,000 for fiscal year 2022; 

4 ‘‘(D) $444,000 for fiscal year 2023; and 

5 ‘‘(E) $466,000 for fiscal year 2024.’’. 

Æ 


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