II 

116TH CONGRESS 

2D SESSION S. 4090 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2020 

Mr. HOEVEN (for himself, Mr. UDALL, Mr. BARRASSO, Ms. MURKOWSKI, Ms. 

MCSALLY, Mr. TESTER, Mr. SCHATZ, Mr. CRAMER, Ms. SMITH, and Mr. 

DAINES) introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

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. 

4 This Act may be cited as the ‘‘Native American 

5 Housing Assistance and Self-Determination Reauthoriza6 tion Act of 2020’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4090 IS

1 SEC. 2. CONSOLIDATION OF ENVIRONMENTAL REVIEW RE2 QUIREMENTS. 

3 Section 105 of the Native American Housing Assist4 ance and Self-Determination Act of 1996 (25 U.S.C. 

5 4115) is amended by adding at the end the following: 

6 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

7 REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—In the case of a recipient 

9 of grant amounts under this Act that is carrying out 

10 a project that qualifies as an affordable housing ac11 tivity under section 202, if the recipient is using one 

12 or more additional sources of Federal funds to carry 

13 out the project, and the grant amounts received 

14 under this Act constitute the largest single source of 

15 Federal funds that the recipient reasonably expects 

16 to commit to the project at the time of environ17 mental review, the Indian tribe of the recipient may 

18 assume, in addition to all of the responsibilities for 

19 environmental review, decision making, and action 

20 under subsection (a), all of the additional respon21 sibilities for environmental review, decision making, 

22 and action under provisions of law that would apply 

23 to each Federal agency providing additional funding 

24 were the Federal agency to carry out the project as 

25 a Federal project. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4090 IS

1 ‘‘(2) DISCHARGE.—The assumption by the In2 dian tribe of the additional responsibilities for envi3 ronmental review, decision making, and action under 

4 paragraph (1) with respect to a project shall be 

5 deemed to discharge the responsibility of the applica6 ble Federal agency for environmental review, deci7 sion making, and action with respect to the project. 

8 ‘‘(3) CERTIFICATION.—An Indian tribe that as9 sumes the additional responsibilities under para10 graph (1), shall certify, in addition to the require11 ments under subsection (c)— 

12 ‘‘(A) the additional responsibilities that the 

13 Indian tribe has fully carried out under this 

14 subsection; and 

15 ‘‘(B) that the certifying officer consents to 

16 assume the status of a responsible Federal offi17 cial under the provisions of law that would 

18 apply to each Federal agency providing addi19 tional funding under paragraph (1). 

20 ‘‘(4) LIABILITY.— 

21 ‘‘(A) IN GENERAL.—An Indian tribe that 

22 completes an environmental review under this 

23 subsection shall assume sole liability for the 

24 content and quality of the review. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4090 IS

1 ‘‘(B) REMEDIES AND SANCTIONS.—Except 

2 as provided in subparagraph (C), if the Sec3 retary approves a certification and release of 

4 funds to an Indian tribe for a project in accord5 ance with subsection (b), but the Secretary or 

6 the head of another Federal agency providing 

7 funding for the project subsequently learns that 

8 the Indian tribe failed to carry out the respon9 sibilities of the Indian tribe as described in sub10 section (a) or paragraph (1), as applicable, the 

11 Secretary or other head, as applicable, may im12 pose appropriate remedies and sanctions in ac13 cordance with— 

14 ‘‘(i) the regulations issued pursuant to 

15 section 106; or 

16 ‘‘(ii) such regulations as are issued by 

17 the other head. 

18 ‘‘(C) STATUTORY VIOLATION WAIVERS.—If 

19 the Secretary waives the requirements under 

20 this section in accordance with subsection (d) 

21 with respect to a project for which an Indian 

22 tribe assumes additional responsibilities under 

23 paragraph (1), the waiver shall prohibit any 

24 other Federal agency providing additional fund25 ing for the project from imposing remedies or 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4090 IS

1 sanctions for failure to comply with require2 ments for environmental review, decision mak3 ing, and action under provisions of law that 

4 would apply to the Federal agency.’’. 

5 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 108 of the Native American Housing Assist7 ance and Self-Determination Act of 1996 (25 U.S.C. 

8 4117) is amended, in the first sentence, by striking ‘‘2009 

9 through 2013’’ and inserting ‘‘2021 through 2031’’. 

10 SEC. 4. STUDENT HOUSING ASSISTANCE. 

11 Section 202(3) of the Native American Housing As12 sistance and Self-Determination Act of 1996 (25 U.S.C. 

13 4132(3)) is amended by inserting ‘‘including education14 related stipends, college housing assistance, and other edu15 cation-related assistance for low-income college students,’’ 

16 after ‘‘self-sufficiency and other services,’’. 

17 SEC. 5. APPLICATION OF RENT RULE ONLY TO UNITS 

18 OWNED OR OPERATED BY INDIAN TRIBE OR 

19 TRIBALLY DESIGNATED HOUSING ENTITY. 

20 Section 203(a)(2) of the Native American Housing 

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

22 4133(a)(2)) is amended by inserting ‘‘owned or operated 

23 by a recipient and’’ after ‘‘residing in a dwelling unit’’. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4090 IS

1 SEC. 6. PROGRAM REQUIREMENTS. 

2 Section 203(a) of the Native American Housing As3 sistance and Self-Determination Act of 1996 (25 U.S.C. 

4 4133(a)) (as amended by section 5) is amended— 

5 (1) in paragraph (1), by striking ‘‘paragraph 

6 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

7 (2) by redesignating paragraph (2) as para8 graph (3); 

9 (3) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) APPLICATION OF TRIBAL POLICIES.— 

12 Paragraph (3) shall not apply if— 

13 ‘‘(A) the recipient has a written policy gov14 erning rents and homebuyer payments charged 

15 for dwelling units; and 

16 ‘‘(B) that policy includes a provision gov17 erning maximum rents or homebuyer payments, 

18 including tenant protections.’’; and 

19 (4) in paragraph (3) (as so redesignated), by 

20 striking ‘‘In the case of’’ and inserting ‘‘In the ab21 sence of a written policy governing rents and home22 buyer payments, in the case of’’. 

23 SEC. 7. DE MINIMIS EXEMPTION FOR PROCUREMENT OF 

24 GOODS AND SERVICES. 

25 Section 203(g) of the Native American Housing As26 sistance and Self-Determination Act of 1996 (25 U.S.C. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4090 IS

1 4133(g)) is amended by striking ‘‘$5,000’’ and inserting 

2 ‘‘$10,000’’. 

3 SEC. 8. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 

4 REQUIREMENT AND INCOME TARGETING. 

5 Section 205 of the Native American Housing Assist6 ance and Self-Determination Act of 1996 (25 U.S.C. 

7 4135) is amended— 

8 (1) in subsection (a)(1)— 

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

10 ‘‘and’’ at the end; and 

11 (B) by adding at the end the following: 

12 ‘‘(E) notwithstanding any other provision 

13 of this paragraph, in the case of rental housing 

14 that is made available to a current rental family 

15 for conversion to a homebuyer or a lease-pur16 chase unit, that the current rental family can 

17 purchase through a contract of sale, lease-pur18 chase agreement, or any other sales agreement, 

19 is made available for purchase only by the cur20 rent rental family, if the rental family was a 

21 low-income family at the time of their initial oc22 cupancy of such unit; and’’; and 

23 (2) in subsection (c)— 

24 (A) by striking ‘‘The provisions’’ and in25 serting the following: 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 4090 IS

1 ‘‘(1) IN GENERAL.—The provisions’’; and 

2 (B) by adding at the end the following: 

3 ‘‘(2) APPLICABILITY TO IMPROVEMENTS.—The 

4 provisions of subsection (a)(2) regarding binding 

5 commitments for the remaining useful life of prop6 erty shall not apply to improvements of privately 

7 owned homes if the cost of the improvements do not 

8 exceed 10 percent of the maximum total develop9 ment cost for the home.’’. 

10 SEC. 9. LEASE REQUIREMENTS AND TENANT SELECTION. 

11 Section 207 of the Native American Housing Assist12 ance and Self-Determination Act of 1996 (25 U.S.C. 

13 4137) is amended by adding at the end the following: 

14 ‘‘(c) NOTICE OF TERMINATION.—The notice period 

15 described in subsection (a)(3) shall apply to projects and 

16 programs funded in part by amounts authorized under 

17 this Act.’’. 

18 SEC. 10. INDIAN HEALTH SERVICE. 

19 (a) IN GENERAL.—Subtitle A of title II of the Native 

20 American Housing Assistance and Self-Determination Act 

21 of 1996 (25 U.S.C. 4131 et seq.) is amended by adding 

22 at the end the following: 

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

24 ‘‘Notwithstanding any other provision of law, the Di25 rector of the Indian Health Service, or a recipient receivVerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090

kjohnson on DSK79L0C42PROD with BILLS
9 

•S 4090 IS

1 ing funding for a housing construction or renovation 

2 project under this title, may use funding from the Indian 

3 Health Service for the construction of sanitation facilities 

4 under that project.’’. 

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

6 in section 1(b) of the Native American Housing Assistance 

7 and Self-Determination Act of 1996 (Public Law 104– 

8 330; 110 Stat. 4016) is amended by inserting after the 

9 item relating to section 210 the following: 

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

10 SEC. 11. STATUTORY AUTHORITY TO SUSPEND GRANT 

11 FUNDS IN EMERGENCIES. 

12 Section 401(a)(4) of the Native American Housing 

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

14 4161(a)(4)) is amended— 

15 (1) in subparagraph (A), by striking ‘‘may take 

16 an action described in paragraph (1)(C)’’ and insert17 ing ‘‘may immediately take an action described in 

18 paragraph (1)(C)’’; and 

19 (2) by striking subparagraph (B) and inserting 

20 the following: 

21 ‘‘(B) PROCEDURAL REQUIREMENTS.— 

22 ‘‘(i) IN GENERAL.—If the Secretary 

23 takes an action described in subparagraph 

24 (A), the Secretary shall provide notice to 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 4090 IS

1 the recipient at the time that the Secretary 

2 takes that action. 

3 ‘‘(ii) NOTICE REQUIREMENTS.—The 

4 notice under clause (i) shall inform the re5 cipient that the recipient may request a 

6 hearing by not later than 30 days after the 

7 date on which the Secretary provides the 

8 notice. 

9 ‘‘(iii) HEARING REQUIREMENTS.—A 

10 hearing requested under clause (ii) shall be 

11 conducted— 

12 ‘‘(I) in accordance with subpart 

13 A of part 26 of title 24, Code of Fed14 eral Regulations (or successor regula15 tions); and 

16 ‘‘(II) to the maximum extent 

17 practicable, on an expedited basis. 

18 ‘‘(iv) FAILURE TO CONDUCT A HEAR19 ING.—If a hearing requested under clause 

20 (ii) is not completed by the date that is 

21 180 days after the date on which the re22 cipient requests the hearing, the action of 

23 the Secretary to limit the availability of 

24 payments shall no longer be effective.’’. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 4090 IS

1 SEC. 12. REPORTS TO CONGRESS. 

2 Section 407 of the Native American Housing Assist3 ance and Self-Determination Act of 1996 (25 U.S.C. 

4 4167) is amended— 

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

6 and inserting ‘‘Committee on Indian Affairs and the 

7 Committee on Banking, Housing and Urban Affairs 

8 of the Senate and the Committee on Financial Serv9 ices of the House of Representatives’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(c) PUBLIC AVAILABILITY.—The report described in 

12 subsection (a) shall be made publicly available, including 

13 to recipients.’’. 

14 SEC. 13. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RE15 STRICTED LANDS FOR HOUSING PURPOSES. 

16 Section 702 of the Native American Housing Assist17 ance and Self-Determination Act of 1996 (25 U.S.C. 

18 4211) is amended— 

19 (1) in the section heading, by striking ‘‘50- 

20 YEAR’’ and inserting ‘‘99-YEAR’’; 

21 (2) in subsection (b), by striking ‘‘50 years’’ 

22 and inserting ‘‘99 years’’; and 

23 (3) in subsection (c)(2), by striking ‘‘50 years’’ 

24 and inserting ‘‘99 years’’. 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 4090 IS

1 SEC. 14. REAUTHORIZATION OF NATIVE HAWAIIAN HOME2 OWNERSHIP PROVISIONS. 

3 Section 824 of the Native American Housing Assist4 ance and Self-Determination Act of 1996 (25 U.S.C. 

5 4243) is amended by striking ‘‘such sums as may be nec6 essary’’ and all that follows through the period at the end 

7 and inserting ‘‘such sums as may be necessary for each 

8 of fiscal years 2021 through 2031.’’. 

9 SEC. 15. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 

10 COST. 

11 Affordable housing (as defined in section 4 of the Na12 tive American Housing Assistance and Self-Determination 

13 Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, 

14 or assisted under the block grant program established 

15 under section 101 of the Native American Housing Assist16 ance and Self-Determination Act of 1996 (25 U.S.C. 

17 4111) shall not exceed by more than 20 percent, without 

18 prior approval of the Secretary of Housing and Urban De19 velopment, the total development cost maximum cost for 

20 all housing assisted under an affordable housing activity, 

21 including development and model activities. 

22 SEC. 16. COMMUNITY-BASED DEVELOPMENT ORGANIZA23 TIONS. 

24 Section 105 of the Housing and Community Develop25 ment Act of 1974 (42 U.S.C. 5305) is amended by adding 

26 at the end the following: 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 4090 IS

1 ‘‘(i) INDIAN TRIBES AND TRIBALLY DESIGNATED

2 HOUSING ENTITIES AS COMMUNITY-BASED DEVELOP3 MENT ORGANIZATIONS.— 

4 ‘‘(1) DEFINITIONS.—In this subsection, the 

5 terms ‘Indian tribe’ and ‘tribally designated housing 

6 entity’ have the meanings given those terms in sec7 tion 4 of the Native American Housing Assistance 

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

9 4103). 

10 ‘‘(2) QUALIFICATION.—Notwithstanding any 

11 other provision of law, an Indian tribe or a tribally 

12 designated housing entity shall qualify as a commu13 nity-based development organization for purposes of 

14 carrying out new housing construction under this 

15 subsection under a grant made under section 

16 106(a).’’. 

17 SEC. 17. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 

18 COUNSELING GRANTS. 

19 Section 106(a)(4) of the Housing and Urban Devel20 opment Act of 1968 (12 U.S.C. 1701x(a)(4)) is amend21 ed— 

22 (1) in subparagraph (A)— 

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

24 comma; and 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 4090 IS

1 (B) by inserting before the period at the 

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

3 designated housing entities’’; 

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

5 tribes, and tribally designated housing entities’’ after 

6 ‘‘organizations)’’; 

7 (3) by redesignating subparagraph (F) as sub8 paragraph (G); and 

9 (4) by inserting after subparagraph (E) the fol10 lowing: 

11 ‘‘(F) DEFINITIONS.—In this paragraph, 

12 the terms ‘Indian tribe’ and ‘tribally designated 

13 housing entity’ have the meanings given those 

14 terms in section 4 of the Native American 

15 Housing Assistance and Self-Determination Act 

16 of 1996 (25 U.S.C. 4103).’’. 

17 SEC. 18. SECTION 184 INDIAN HOME LOAN GUARANTEE 

18 PROGRAM. 

19 (a) IN GENERAL.—Section 184(b)(4) of the Housing 

20 and Community Development Act of 1992 (12 U.S.C. 

21 1715z–13a(b)(4)) is amended by— 

22 (1) redesignating subparagraphs (A) through 

23 (D) as clauses (i) through (iv), respectively, and ad24 justing the margins accordingly; 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 4090 IS

1 (2) by striking ‘‘The loan’’ and inserting the 

2 following: 

3 ‘‘(A) IN GENERAL.—The loan’’; 

4 (3) in subparagraph (A), as so designated, by 

5 adding at the end the following: 

6 ‘‘(v) Any entity certified as a commu7 nity development financial institution by 

8 the Community Development Financial In9 stitutions Fund established under section 

10 104(a) of the Riegle Community Develop11 ment and Regulatory Improvement Act of 

12 1994 (12 U.S.C. 4703(a)).’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(B) DIRECT GUARANTEE PROCESS.— 

15 ‘‘(i) AUTHORIZATION.—The Secretary 

16 may authorize qualifying lenders to partici17 pate in a direct guarantee process for ap18 proving loans under this section. 

19 ‘‘(ii) INDEMNIFICATION.— 

20 ‘‘(I) IN GENERAL.—If the Sec21 retary determines that a mortgage 

22 guaranteed through a direct guar23 antee process under this subpara24 graph was not originated in accord25 ance with the requirements estabVerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090

kjohnson on DSK79L0C42PROD with BILLS
16 

•S 4090 IS

1 lished by the Secretary, the Secretary 

2 may require the lender approved 

3 under this subparagraph to indemnify 

4 the Secretary for the loss, irrespective 

5 of whether the violation caused the 

6 mortgage default. 

7 ‘‘(II) FRAUD OR MISREPRESEN8 TATION.—If fraud or misrepresenta9 tion is involved in a direct guarantee 

10 process under this subparagraph, the 

11 Secretary shall require the original 

12 lender approved under this subpara13 graph to indemnify the Secretary for 

14 the loss regardless of when an insur15 ance claim is paid. 

16 ‘‘(C) REVIEW OF MORTGAGEES.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 may periodically review the mortgagees 

19 originating, underwriting, or servicing sin20 gle family mortgage loans under this sec21 tion. 

22 ‘‘(ii) REQUIREMENTS.—In conducting 

23 a review under clause (i), the Secretary— 

24 ‘‘(I) shall compare the mortgagee 

25 with other mortgagees originating or 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 4090 IS

1 underwriting loan guarantees for In2 dian housing based on the rates of de3 faults and claims for guaranteed 

4 mortgage loans originated, under5 written, or serviced by that mort6 gagee; 

7 ‘‘(II) may compare the mort8 gagee with such other mortgagees 

9 based on underwriting quality, geo10 graphic area served, or any commonly 

11 used factors the Secretary determines 

12 necessary for comparing mortgage de13 fault risk, provided that the compari14 son is of factors that the Secretary 

15 would expect to affect the default risk 

16 of mortgage loans guaranteed by the 

17 Secretary; 

18 ‘‘(iii) shall implement such compari19 sons by regulation, notice, or mortgagee 

20 letter; and 

21 ‘‘(I) may terminate the approval 

22 of a mortgagee to originate, under23 write, or service loan guarantees for 

24 housing under this section if the Sec25 retary determines that the mortgage 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 4090 IS

1 loans originated, underwritten, or 

2 serviced by the mortgagee present an 

3 unacceptable risk to the Indian Hous4 ing Loan Guarantee Fund established 

5 under subsection (i)— 

6 ‘‘(aa) based on a comparison 

7 of any of the factors set forth in 

8 this subparagraph; or 

9 ‘‘(bb) by a determination 

10 that the mortgagee engaged in 

11 fraud or misrepresentation.’’. 

12 (b) LOAN GUARANTEES FOR INDIAN HOUSING.— 

13 Section 184(i)(5) of the Housing and Community Devel14 opment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

15 amended— 

16 (1) in subparagraph (B), by inserting after the 

17 first sentence the following: ‘‘There are authorized 

18 to be appropriated for those costs such sums as may 

19 be necessary for each of fiscal years 2021 through 

20 2031.’’; and 

21 (2) in subparagraph (C), by striking ‘‘2008 

22 through 2012’’ and inserting ‘‘2021 through 2031’’. 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 4090 IS

1 SEC. 19. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUS2 ING. 

3 Section 184A(j)(5)(B) of the Housing and Commu4 nity Development Act of 1992 (12 U.S.C. 1715z– 

5 13b(j)(5)) is amended by inserting after the first sentence 

6 the following: ‘‘There are authorized to be appropriated 

7 for those costs such sums as may be necessary for each 

8 of fiscal years 2021 through 2031.’’ 

9 SEC. 20. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 

10 DESIGNATED HOUSING ENTITIES IN CON11 TINUUM OF CARE PROGRAM. 

12 (a) IN GENERAL.—Title IV of the McKinney-Vento 

13 Homeless Assistance Act (42 U.S.C. 11360 et seq.) is 

14 amended— 

15 (1) in section 401(8) (42 U.S.C. 11360(8)), by 

16 inserting ‘‘Indian reservations and trust land,’’ after 

17 ‘‘nonentitlement area,’’; and 

18 (2) in subtitle C (42 U.S.C. 11381 et seq.), by 

19 adding at the end the following: 

20 ‘‘SEC. 435. PARTICIPATION OF INDIAN TRIBES AND TRIB21 ALLY DESIGNATED HOUSING ENTITIES. 

22 ‘‘Notwithstanding any other provision of this title, for 

23 purposes of this subtitle, an Indian tribe or tribally des24 ignated housing entity (as defined in section 4 of the Na25 tive American Housing Assistance and Self-Determination 

26 Act of 1996 (25 U.S.C. 4103)) may— 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 4090 IS

1 ‘‘(1) be a collaborative applicant or eligible enti2 ty; or 

3 ‘‘(2) receive grant amounts from another entity 

4 that receives a grant directly from the Secretary, 

5 and use the amounts in accordance with this sub6 title.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of contents in section 101(b) of the McKinney9 Vento Homeless Assistance Act (Public Law 100–77; 101 

10 Stat. 482) is amended by inserting after the item relating 

11 to section 434 the following: 

‘‘Sec. 435. Participation of Indian tribes and tribally designated housing entities.’’. 

12 SEC. 21. ASSISTANT SECRETARY FOR INDIAN HOUSING. 

13 The Department of Housing and Urban Development 

14 Act (42 U.S.C. 3531 et seq.) is amended— 

15 (1) in section 4 (42 U.S.C. 3533)— 

16 (A) in subsection (a)(1), by striking ‘‘7’’ 

17 and inserting ‘‘8’’; and 

18 (B) in subsection (e)— 

19 (i) by redesignating paragraph (2) as 

20 paragraph (4); and 

21 (ii) by striking ‘‘(e)(1)(A) There’’ and 

22 all that follows through the end of para23 graph (1) and inserting the following: 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 4090 IS

1 ‘‘(e)(1) There is established within the Department 

2 the Office of Native American Programs (in this sub3 section referred to as the ‘Office’) to be headed by an As4 sistant Secretary for Native American Programs (in this 

5 subsection referred to as the ‘Assistant Secretary’), who 

6 shall be one of the Assistant Secretaries in subsection 

7 (a)(1). 

8 ‘‘(2) The Assistant Secretary shall be responsible 

9 for— 

10 ‘‘(A) administering, in coordination with the 

11 relevant office in the Department, the provision of 

12 housing assistance to Indian tribes or Indian hous13 ing authorities under each program of the Depart14 ment that provides for such assistance; 

15 ‘‘(B) administering the community development 

16 block grant program for Indian tribes under title I 

17 of the Housing and Community Development Act of 

18 1974 (42 U.S.C. 5301 et seq.) and the provision of 

19 assistance to Indian tribes under such Act; 

20 ‘‘(C) directing, coordinating, and assisting in 

21 managing any regional offices of the Department 

22 that administer Indian programs to the extent of 

23 such programs; and 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 4090 IS

1 ‘‘(D) coordinating all programs of the Depart2 ment relating to Indian and Alaska Native housing 

3 and community development. 

4 ‘‘(3) The Secretary shall include in the annual report 

5 under section 8 a description of the extent of the housing 

6 needs for Indian families and community development 

7 needs of Indian tribes in the United States and the activi8 ties of the Department, and extent of such activities, in 

9 meeting such needs.’’; and 

10 (2) in section 8 (42 U.S.C. 3536), by striking 

11 ‘‘section 4(e)(2)’’ and inserting ‘‘section 4(e)(4)’’. 

12 SEC. 22. DRUG ELIMINATION PROGRAM. 

13 (a) DEFINITIONS.—In this section: 

14 (1) CONTROLLED SUBSTANCE.—The term 

15 ‘‘controlled substance’’ has the meaning given the 

16 term in section 102 of the Controlled Substances 

17 Act (21 U.S.C. 802). 

18 (2) DRUG-RELATED CRIME.—The term ‘‘drug19 related crime’’ means the illegal manufacture, sale, 

20 distribution, use, or possession with intent to manu21 facture, sell, distribute, or use a controlled sub22 stance. 

23 (3) RECIPIENT.—The term ‘‘recipient’’— 

24 (A) has the meaning given the term in sec25 tion 4 of the Native American Housing AssistVerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090

kjohnson on DSK79L0C42PROD with BILLS
23 

•S 4090 IS

1 ance and Self-Determination Act of 1996 (25 

2 U.S.C. 4103); and 

3 (B) includes a recipient of funds under 

4 title VIII of that Act (25 U.S.C. 4221 et seq.). 

5 (4) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Housing and Urban Development. 

7 (b) ESTABLISHMENT.—The Secretary may make 

8 grants under this section to recipients of assistance under 

9 the Native American Housing Assistance and Self-Deter10 mination Act of 1996 (25 U.S.C. 4101 et seq.) for use 

11 in eliminating drug-related and violent crime. 

12 (c) ELIGIBLE ACTIVITIES.—Grants under this sec13 tion may be used for— 

14 (1) the employment of security personnel; 

15 (2) reimbursement of State, local, Tribal, or 

16 Bureau of Indian Affairs law enforcement agencies 

17 for additional security and protective services; 

18 (3) physical improvements which are specifically 

19 designed to enhance security; 

20 (4) the employment of one or more individ21 uals— 

22 (A) to investigate drug-related or violent 

23 crime in and around the real property com24 prising housing assisted under the Native 

25 American Housing Assistance and Self-DeterVerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090

kjohnson on DSK79L0C42PROD with BILLS
24 

•S 4090 IS

1 mination Act of 1996 (25 U.S.C. 4101 et seq.); 

2 and 

3 (B) to provide evidence relating to such 

4 crime in any administrative or judicial pro5 ceeding; 

6 (5) the provision of training, communications 

7 equipment, and other related equipment for use by 

8 voluntary tenant patrols acting in cooperation with 

9 law enforcement officials; 

10 (6) programs designed to reduce use of drugs 

11 in and around housing projects funded under the 

12 Native American Housing Assistance and Self-De13 termination Act of 1996 (25 U.S.C. 4101 et seq.), 

14 including drug-abuse prevention, intervention, refer15 ral, and treatment programs; 

16 (7) providing funding to nonprofit resident 

17 management corporations and resident councils to 

18 develop security and drug abuse prevention pro19 grams involving site residents; and 

20 (8) sports programs and sports activities that 

21 serve primarily youths from housing projects funded 

22 through and are operated in conjunction with, or in 

23 furtherance of, an organized program or plan de24 signed to reduce or eliminate drugs and drug-related 

25 problems in and around those projects. 


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 4090 IS

1 (d) APPLICATIONS.— 

2 (1) IN GENERAL.—To receive a grant under 

3 this subsection, an eligible applicant shall submit an 

4 application to the Secretary, at such time, in such 

5 manner, and accompanied by— 

6 (A) a plan for addressing the problem of 

7 drug-related or violent crime in and around of 

8 the housing administered or owned by the appli9 cant for which the application is being sub10 mitted; and 

11 (B) such additional information as the Sec12 retary may reasonably require. 

13 (2) CRITERIA.—The Secretary shall approve ap14 plications submitted under paragraph (1) on the 

15 basis of thresholds or criteria such as— 

16 (A) the extent of the drug-related or vio17 lent crime problem in and around the housing 

18 or projects proposed for assistance; 

19 (B) the quality of the plan to address the 

20 crime problem in the housing or projects pro21 posed for assistance, including the extent to 

22 which the plan includes initiatives that can be 

23 sustained over a period of several years; 

24 (C) the capability of the applicant to carry 

25 out the plan; and 


kjohnson on DSK79L0C42PROD with BILLS
26 

•S 4090 IS

1 (D) the extent to which tenants, the Tribal 

2 government, and the Tribal community support 

3 and participate in the design and implementa4 tion of the activities proposed to be funded 

5 under the application. 

6 (e) HIGH-INTENSITY DRUG TRAFFICKING AREAS.— 

7 In evaluating the extent of the drug-related crime problem 

8 pursuant to subsection (d)(2), the Secretary may consider 

9 whether housing or projects proposed for assistance are 

10 located in a high-intensity drug trafficking area des11 ignated pursuant to section 707(b) of the Office of Na12 tional Drug Control Policy Reauthorization Act of 1998 

13 (21 U.S.C. 1706(b)). 

14 (f) REPORTS.— 

15 (1) GRANTEE REPORTS.—The Secretary shall 

16 require grantees under this section to provide peri17 odic reports that include the obligation and expendi18 ture of grant funds, the progress made by the grant19 ee in implementing the plan described in subsection 

20 (d)(1)(A), and any change in the incidence of drug21 related crime in projects assisted under section. 

22 (2) HUD REPORTS.—Not later than 1 year 

23 after the date of enactment of this Act, the Sec24 retary shall submit to Congress a report describing 

25 the system used to distribute funding to grantees 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 4090 IS

1 under this section, which shall include descriptions 

2 of— 

3 (A) the methodology used to distribute 

4 amounts made available under this section 

5 among public housing agencies, including provi6 sions used to provide for renewals of ongoing 

7 programs funded under this section; and 

8 (B) actions taken by the Secretary to en9 sure that amounts made available under section 

10 are not used to fund baseline local government 

11 services, as described in subsection (h)(2). 

12 (g) NOTICE OF FUNDING AWARDS.—The Secretary 

13 shall cause to be published in the Federal Register not 

14 less frequently than annually a notice of all grant awards 

15 made pursuant to section, which shall identify the grant16 ees and the amount of the grants. 

17 (h) MONITORING.— 

18 (1) IN GENERAL.—The Secretary shall audit 

19 and monitor the program funded under this sub20 section to ensure that assistance provided under this 

21 subsection is administered in accordance with the 

22 provisions of section. 

23 (2) PROHIBITION OF FUNDING BASELINE SERV24 ICES.— 


kjohnson on DSK79L0C42PROD with BILLS
28 

•S 4090 IS

1 (A) IN GENERAL.—Amounts provided 

2 under this section may not be used to reim3 burse or support any local law enforcement 

4 agency or unit of general local government for 

5 the provision of services that are included in the 

6 baseline of services required to be provided by 

7 any such entity pursuant to a local cooperative 

8 agreement pursuant under the Indian Self-De9 termination and Education Assistance Act (25 

10 U.S.C. 5301 et seq.) or any provision of an an11 nual contributions contract for payments in lieu 

12 of taxation with the Bureau of Indian Affairs. 

13 (B) DESCRIPTION.—Each grantee under 

14 this section shall describe, in the report under 

15 subsection (f)(1), such baseline of services for 

16 the unit of Tribal government in which the ju17 risdiction of the grantee is located. 

18 (3) ENFORCEMENT.—The Secretary shall pro19 vide for the effective enforcement of this section, 

20 which may include the use of on-site monitoring, 

21 independent public audit requirements, certification 

22 by tribal or Federal law enforcement or Tribal gov23 ernment officials regarding the performance of base24 line services referred to in paragraph (2), entering 

25 into agreements with the Attorney General to 


kjohnson on DSK79L0C42PROD with BILLS
29 

•S 4090 IS

1 achieve compliance, and verification of compliance, 

2 with the provisions of this section, and any applica3 ble enforcement authority provided to the Secretary 

4 under the Native American Housing Assistance and 

5 Self-Determination Act of 1996 (25 U.S.C. 4101 et 

6 seq.) 

7 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as may be 

9 necessary for each fiscal years 2021 through 2031 to carry 

10 out this section. 

11 SEC. 23. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK 

12 INDIAN VETERANS. 

13 Section 8(o)(19) of the United States Housing Act 

14 of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding 

15 at the end the following: 

16 ‘‘(D) INDIAN VETERANS HOUSING RENTAL

17 ASSISTANCE PROGRAM.— 

18 ‘‘(i) DEFINITIONS.—In this subpara19 graph: 

20 ‘‘(I) ELIGIBLE INDIAN VET21 ERAN.—The term ‘eligible Indian vet22 eran’ means an Indian veteran who 

23 is— 

24 ‘‘(aa) homeless or at risk of 

25 homelessness; and 


kjohnson on DSK79L0C42PROD with BILLS
30 

•S 4090 IS

1 ‘‘(bb) living— 

2 ‘‘(AA) on or near a res3 ervation; or 

4 ‘‘(BB) in or near any 

5 other Indian area. 

6 ‘‘(II) ELIGIBLE RECIPIENT.— 

7 The term ‘eligible recipient’ means a 

8 recipient eligible to receive a grant 

9 under section 101 of the Native 

10 American Housing Assistance and 

11 Self-Determination Act of 1996 (25 

12 U.S.C. 4111). 

13 ‘‘(III) INDIAN; INDIAN AREA.— 

14 The terms ‘Indian’ and ‘Indian area’ 

15 have the meanings given those terms 

16 in section 4 of the Native American 

17 Housing Assistance and Self-Deter18 mination Act of 1996 (25 U.S.C. 

19 4103). 

20 ‘‘(IV) INDIAN VETERAN.—The 

21 term ‘Indian veteran’ means an In22 dian who is a veteran. 

23 ‘‘(V) PROGRAM.—The term ‘Pro24 gram’ means the Tribal HUD–VASH 

25 program carried out under clause (ii). 


kjohnson on DSK79L0C42PROD with BILLS
31 

•S 4090 IS

1 ‘‘(VI) TRIBAL ORGANIZATION.— 

2 The term ‘tribal organization’ has the 

3 meaning given the term in section 4 

4 of the Indian Self-Determination and 

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

6 5304). 

7 ‘‘(ii) PROGRAM SPECIFICATIONS.— 

8 The Secretary shall use not less than 5 

9 percent of the amounts made available for 

10 rental assistance under this paragraph to 

11 carry out a rental assistance and sup12 ported housing program, to be known as 

13 the ‘Tribal HUD–VASH program’, in con14 junction with the Secretary of Veterans Af15 fairs, by awarding grants for the benefit of 

16 eligible Indian veterans. 

17 ‘‘(iii) MODEL.— 

18 ‘‘(I) IN GENERAL.—Except as 

19 provided in subclause (II), the Sec20 retary shall model the Program on the 

21 rental assistance and supported hous22 ing program authorized under sub23 paragraph (A) and applicable appro24 priations Acts, including administraVerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090

kjohnson on DSK79L0C42PROD with BILLS
32 

•S 4090 IS

1 tion in conjunction with the Secretary 

2 of Veterans Affairs. 

3 ‘‘(II) EXCEPTIONS.— 

4 ‘‘(aa) SECRETARY OF HOUS5 ING AND URBAN DEVELOP6 MENT.—After consultation with 

7 Indian tribes, eligible recipients, 

8 and any other appropriate tribal 

9 organizations, the Secretary may 

10 make necessary and appropriate 

11 modifications to facilitate the use 

12 of the Program by eligible recipi13 ents to serve eligible Indian vet14 erans. 

15 ‘‘(bb) SECRETARY OF VET16 ERANS AFFAIRS.—After consulta17 tion with Indian tribes, eligible 

18 recipients, and any other appro19 priate tribal organizations, the 

20 Secretary of Veterans Affairs 

21 may make necessary and appro22 priate modifications to facilitate 

23 the use of the Program by eligi24 ble recipients to serve eligible In25 dian veterans. 


kjohnson on DSK79L0C42PROD with BILLS
33 

•S 4090 IS

1 ‘‘(iv) ELIGIBLE RECIPIENTS.—The 

2 Secretary shall make amounts for rental 

3 assistance and associated administrative 

4 costs under the Program available in the 

5 form of grants to eligible recipients. 

6 ‘‘(v) FUNDING CRITERIA.—The Sec7 retary shall award grants under the Pro8 gram based on— 

9 ‘‘(I) need; 

10 ‘‘(II) administrative capacity; and 

11 ‘‘(III) any other funding criteria 

12 established by the Secretary in a no13 tice published in the Federal Register 

14 after consulting with the Secretary of 

15 Veterans Affairs. 

16 ‘‘(vi) ADMINISTRATION.—Grants 

17 awarded under the Program shall be ad18 ministered in accordance with the Native 

19 American Housing Assistance and Self-De20 termination Act of 1996 (25 U.S.C. 4101 

21 et seq.), except that recipients shall— 

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

23 manner prescribed by the Secretary, 

24 reports on the utilization of rental asVerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090

kjohnson on DSK79L0C42PROD with BILLS
34 

•S 4090 IS

1 sistance provided under the Program; 

2 and 

3 ‘‘(II) provide to the Secretary in4 formation specified by the Secretary 

5 to assess the effectiveness of the Pro6 gram in serving eligible Indian vet7 erans. 

8 ‘‘(vii) CONSULTATION.— 

9 ‘‘(I) GRANT RECIPIENTS; TRIBAL

10 ORGANIZATIONS.—The Secretary, in 

11 coordination with the Secretary of 

12 Veterans Affairs, shall consult with el13 igible recipients and any other appro14 priate tribal organization on the de15 sign of the Program to ensure the ef16 fective delivery of rental assistance 

17 and supportive services to eligible In18 dian veterans under the Program. 

19 ‘‘(II) INDIAN HEALTH SERV20 ICE.—The Director of the Indian 

21 Health Service shall provide any as22 sistance requested by the Secretary or 

23 the Secretary of Veterans Affairs in 

24 carrying out the Program. 

25 ‘‘(viii) WAIVER.— 


kjohnson on DSK79L0C42PROD with BILLS
35 

•S 4090 IS

1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), the Sec3 retary may waive or specify alter4 native requirements for any provision 

5 of law (including regulations) that the 

6 Secretary administers in connection 

7 with the use of rental assistance made 

8 available under the Program if the 

9 Secretary finds that the waiver or al10 ternative requirement is necessary for 

11 the effective delivery and administra12 tion of rental assistance under the 

13 Program to eligible Indian veterans. 

14 ‘‘(II) EXCEPTION.—The Sec15 retary may not waive or specify alter16 native requirements under subclause 

17 (I) for any provision of law (including 

18 regulations) relating to labor stand19 ards or the environment. 

20 ‘‘(ix) RENEWAL GRANTS.—The Sec21 retary may— 

22 ‘‘(I) set aside, from amounts 

23 made available for tenant-based rental 

24 assistance under this subsection and 

25 without regard to the amounts used 


kjohnson on DSK79L0C42PROD with BILLS
36 

•S 4090 IS

1 for new grants under clause (ii), such 

2 amounts as may be necessary to 

3 award renewal grants to eligible re4 cipients that received a grant under 

5 the Program in a previous year; and 

6 ‘‘(II) specify criteria that an eli7 gible recipient must satisfy to receive 

8 a renewal grant under subclause (I), 

9 including providing data on how the 

10 eligible recipient used the amounts of 

11 any grant previously received under 

12 the Program. 

13 ‘‘(x) REPORTING.— 

14 ‘‘(I) IN GENERAL.—Not later 

15 than 1 year after the date of enact16 ment of the Native American Housing 

17 Assistance and Self-Determination 

18 Reauthorization Act of 2020, and 

19 every 5 years thereafter, the Sec20 retary, in coordination with the Sec21 retary of Veterans Affairs and the Di22 rector of the Indian Health Service, 

23 shall— 

24 ‘‘(aa) conduct a review of 

25 the implementation of the ProVerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090

kjohnson on DSK79L0C42PROD with BILLS
37 

•S 4090 IS

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 Subcommit15 tee on Indian, Insular and 

16 Alaska Native Affairs of the 

17 Committee on Natural Re18 sources, the Committee on 

19 Financial Services, the Com20 mittee on Veterans’ Affairs, 

21 and the Committee on Ap22 propriations of the House of 

23 Representatives. 

24 ‘‘(II) ANALYSIS OF HOUSING

25 STOCK LIMITATION.—The Secretary 


kjohnson on DSK79L0C42PROD with BILLS
38 

•S 4090 IS

1 shall include in the initial report sub2 mitted under subclause (I) a descrip3 tion of— 

4 ‘‘(aa) any regulations gov5 erning the use of formula current 

6 assisted stock (as defined in sec7 tion 1000.314 of title 24, Code of 

8 Federal Regulations (or any suc9 cessor regulation)) within the 

10 Program; 

11 ‘‘(bb) the number of recipi12 ents of grants under the Pro13 gram that have reported the reg14 ulations described in item (aa) as 

15 a barrier to implementation of 

16 the Program; and 

17 ‘‘(cc) proposed alternative 

18 legislation or regulations devel19 oped by the Secretary in con20 sultation with recipients of 

21 grants under the Program to 

22 allow the use of formula current 

23 assisted stock within the Pro24 gram.’’. 


kjohnson on DSK79L0C42PROD with BILLS
39 

•S 4090 IS

1 SEC. 24. LEVERAGING. 

2 All funds provided under a grant made pursuant to 

3 this Act or the amendments made by this Act may be used 

4 for purposes of meeting matching or cost participation re5 quirements under any other Federal or non-Federal pro6 gram, provided that such grants made pursuant to the Na7 tive American Housing Assistance and Self-Determination 

8 Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accord9 ance with that Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS