II 

115TH CONGRESS 

2D SESSION S. 2489 

To amend the Housing Act of 1949 to extend the authority of the Secretary 

of Agriculture to make loans to certain entities for housing and buildings 

on adequate farms, to establish a technical assistance program to improve 

access by Tribal entities to rural development programs, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2018 

Ms. HEITKAMP introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To amend the Housing Act of 1949 to extend the authority 

of the Secretary of Agriculture to make loans to certain 

entities for housing and buildings on adequate farms, 

to establish a technical assistance program to improve 

access by Tribal entities to rural development programs, 

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 ‘‘Tribal Food and Hous5 ing Security Act’’. 


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1 SEC. 2. HOUSING ACT AMENDMENTS. 

2 (a) DEFINITIONS.—Section 501 of the Housing Act 

3 of 1949 (42 U.S.C. 1471) is amended— 

4 (1) in subsection (a), by redesignating para5 graph (5) as paragraph (9) and moving that para6 graph to the position after subsection (b)(8); and 

7 (2) in subsection (b)— 

8 (A) in paragraph (9), as redesignated and 

9 moved by paragraph (1) of this Act, by striking 

10 ‘‘DEFINITIONS’’ and inserting ‘‘REHABILITATE; 

11 REHABILITATION; REPAIR; REPAIRS’’; and 

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

13 ‘‘(10) COMMUNITY DEVELOPMENT FINANCIAL

14 INSTITUTION.—In this title, the term ‘community 

15 development financial institution’ has the meaning 

16 given the term in section 103 of the Community De17 velopment Banking and Financial Institutions Act of 

18 1994 (12 U.S.C. 4702). 

19 ‘‘(11) INDIAN LAND.—In this title, the term 

20 ‘Indian land’ has the meaning given the term is sec21 tion 3 of the Native American Business Develop22 ment, Trade Promotion, and Tourism Act of 2000 

23 (25 U.S.C. 4302). 

24 ‘‘(12) NATIVE COMMUNITY DEVELOPMENT FI25 NANCIAL INSTITUTION.—In this title, the term ‘Na26 tive community development financial institution’ 


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1 means a community development financial institu2 tion that directs not less than 50 percent of the ac3 tivities of that community development financial in4 stitution toward an Indian land. 

5 ‘‘(13) TRIBALLY DESIGNATED HOUSING ENTI6 TY.—In this title, the term ‘tribally designated hous7 ing entity’ has the meaning given the term in section 

8 4 of the Native American Housing Assistance and 

9 Self-Determination Act of 1996 (25 U.S.C. 4103).’’. 

10 (b) LOANS TO NATIVE COMMUNITY DEVELOPMENT

11 FINANCIAL INSTITUTIONS, INDIAN TRIBES, AND TRIB12 ALLY DESIGNATED HOUSING ENTITIES FOR HOUSING

13 AND BUILDINGS ON ADEQUATE FARMS.—Section 501(a) 

14 of the Housing Act of 1949 (42 U.S.C. 1471(a)) is amend15 ed— 

16 (1) in paragraph (4)(B)(ii), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

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

19 ‘‘(5) to a Native community development finan20 cial institution— 

21 ‘‘(A) for use by that Native community de22 velopment financial institution for any of the 

23 purposes described in paragraphs (1) through 

24 (4); or 


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1 ‘‘(B) for the purpose of making a loan to 

2 an owner described in paragraph (1), (2), or (3) 

3 of property on Indian trust land for any of the 

4 purposes described in paragraphs (1) through 

5 (4); and 

6 ‘‘(6) to an Indian tribe or a tribally designated 

7 housing entity for the purpose of developing ade8 quate housing that is modest in size, design, and 

9 cost (as determined by the Secretary) on Indian 

10 trust land. 

11 ‘‘(7) DEFINITION.—In this subsection, the term 

12 ‘Indian trust land’ has the meaning given the term 

13 ‘substantially underserved trust area’ in the Rural 

14 Electrification Act of 1936 (7 U.S.C. 936f).’’. 

15 (c) SET ASIDES FOR INDIAN TRIBES, HOUSING EN16 TITIES, AND LOW-INCOME MEMBERS OF INDIAN

17 TRIBES.— 

18 (1) HOUSING ACT OF 1949.—Title V of the 

19 Housing Act of 1949 (42 U.S.C. 1471 et seq.) is 

20 amended— 

21 (A) in section 502 (42 U.S.C. 1472), by 

22 adding at the end the following: 

23 ‘‘(j) SET ASIDE.—Of amounts made available to pro24 vide loans under this section beginning in the first fiscal 

25 year after the date of enactment of the Tribal Food and 


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1 Housing Security Act and every fiscal year thereafter, the 

2 Secretary shall set aside 5 percent to provide loans to— 

3 ‘‘(1) Indian tribes; 

4 ‘‘(2) tribally designated housing entities; and 

5 ‘‘(3) members of Indian tribes on Indian land, 

6 with priority given to members of Indian tribes on 

7 Indian trust land, as defined in section 306F of the 

8 Rural Electrification Act of 1936 (7 U.S.C. 936f).’’; 

9 (B) in section 504 (42 U.S.C. 1474), by 

10 adding at the end the following: 

11 ‘‘(d) SET ASIDE.—Of amounts made available to pro12 vide loans or grants under this section beginning in the 

13 first fiscal year after the date of enactment of the Tribal 

14 Food and Housing Security Act and every fiscal year 

15 thereafter, the Secretary shall set aside 5 percent to pro16 vide loans or grants to— 

17 ‘‘(1) Indian tribes; 

18 ‘‘(2) tribally designated housing entities; and 

19 ‘‘(3) members of Indian tribes on Indian land, 

20 with priority given to members of Indian tribes on 

21 Indian trust land, as defined in section 306F of the 

22 Rural Electrification Act of 1936 (7 U.S.C. 936f).’’; 

23 (C) in section 515 (42 U.S.C. 1485), by 

24 adding at the end the following: 


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1 ‘‘(bb) SET ASIDE.—Of amounts made available to 

2 provide loans under this section beginning in the first fis3 cal year after the date of enactment of the Tribal Food 

4 and Housing Security Act and every fiscal year thereafter, 

5 the Secretary shall set aside 5 percent to provide loans 

6 to— 

7 ‘‘(1) Indian tribes; and 

8 ‘‘(2) tribally designated housing entities.’’; 

9 (D) in section 533 (42 U.S.C. 1490m), by 

10 adding at the end the following: 

11 ‘‘(j) SET ASIDE.—Of amounts made available to pro12 vide grants under this section beginning in the first fiscal 

13 year after the date of enactment of the Tribal Food and 

14 Housing Security Act and every fiscal year thereafter, the 

15 Secretary shall set aside 5 percent to provide grants to— 

16 ‘‘(1) Indian tribes; 

17 ‘‘(2) tribally designated housing entities; and 

18 ‘‘(3) members of Indian tribes on Indian land, 

19 with priority given to members of Indian tribes on 

20 Indian trust land, as defined in section 306F of the 

21 Rural Electrification Act of 1936 (7 U.S.C. 936f).’’; 

22 and 

23 (E) in section 538 (42 U.S.C. 1490p–2), 

24 by adding at the end the following: 


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1 ‘‘(w) SET ASIDE.—Of the gross obligations provided 

2 for the principal amount of guaranteed loans under this 

3 section beginning in the first fiscal year after the date of 

4 enactment of the Tribal Food and Housing Security Act 

5 and every fiscal year thereafter, the Secretary shall set 

6 aside 5 percent to guarantee loans provided to— 

7 ‘‘(1) Indian tribes; and 

8 ‘‘(2) tribally designated housing entities.’’. 

9 (2) RURAL UTILITIES SERVICES.— 

10 (A) DEFINITIONS.—In this paragraph, the 

11 terms ‘‘Indian tribe’’ and ‘‘tribally designated 

12 housing entity’’ have the meanings given those 

13 terms in section 501(b) of the Housing Act of 

14 1949 (42 U.S.C. 1471(b)), as amended by this 

15 Act. 

16 (B) SET ASIDE.—Of amounts made avail17 able beginning in the first fiscal year after the 

18 date of enactment of this Act and every fiscal 

19 year thereafter for community facility direct 

20 and guaranteed loans and grants under section 

21 306(a) of the Consolidated Farm and Rural 

22 Development Act (7 U.S.C. 1926(a)) and water 

23 or waste disposal grants or direct or guaranteed 

24 loans under paragraph (1) or (2) of section 

25 306(a) of the Consolidated Farm and Rural 


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1 Development Act (7 U.S.C. 1926(a)), the Sec2 retary of Agriculture shall set aside 5 percent 

3 to provide assistance to— 

4 (i) Indian tribes; and 

5 (ii) tribally designated housing enti6 ties. 

7 SEC. 3. FOOD DISTRIBUTION PROGRAM ON INDIAN RES8 ERVATIONS. 

9 Section 4(b)(4) of the Food and Nutrition Act of 

10 2008 (7 U.S.C. 2013(b)(4)) is amended by striking ‘‘is 

11 authorized’’ and all that follows through ‘‘Secretary finds’’ 

12 and inserting ‘‘shall pay the full amount of administrative 

13 costs and distribution costs on Indian reservations that 

14 the Secretary determines to be’’. 

15 SEC. 4. ESTABLISHMENT OF TECHNICAL ASSISTANCE PRO16 GRAM. 

17 (a) DEFINITION.—In this section, the term ‘‘tribally 

18 designated housing entity’’ has the meaning given the 

19 term in section 4 of the Native American Housing Assist20 ance and Self-Determination Act of 1996 (25 U.S.C. 

21 4103). 

22 (b) IN GENERAL.—The Secretary of Agriculture shall 

23 establish a technical assistance program to improve access 

24 by Tribal entities to rural development programs funded 

25 by the Department of Agriculture through available coopVerDate Sep 11 2014 04:20 Mar 07, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2489.IS S2489

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1 erative agreement authorities of the Secretary of Agri2 culture. 

3 (c) TECHNICAL ASSISTANCE PROGRAM.—The tech4 nical assistance program established under subsection (b) 

5 shall address the unique challenge of Tribal governments, 

6 Tribal producers, Tribal businesses, Tribal business enti7 ties, and tribally designated housing entities in accessing 

8 Department of Agriculture-supported rural infrastructure, 

9 rural cooperative development, rural business and indus10 try, rural housing, and other rural development activities. 

Æ 


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