II 

117TH CONGRESS 

1ST SESSION S. 2264 

To reauthorize the Native American Housing Assistance and SelfDetermination Act of 1996. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2021 

Mr. SCHATZ (for himself, Ms. MURKOWSKI, Mr. HOEVEN, Mr. TESTER, Ms. 

SMITH, Ms. CORTEZ MASTO, Mr. LUJA ́N, and Mr. ROUNDS) 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. 

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 2021’’. 


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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 1 

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. 


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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. 


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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 


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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 ‘‘2022 through 2032’’. 

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’’. 


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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. 


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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: 


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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 17:09 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264

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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 


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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.’’. 


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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’’. 


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1 SEC. 14. AMENDMENTS FOR BLOCK GRANTS FOR AFFORD2 ABLE HOUSING ACTIVITIES. 

3 Section 802(e) of the Native American Housing As4 sistance and Self-Determination Act of 1996 (25 U.S.C. 

5 4222(e)) is amended by— 

6 (1) by striking ‘‘The Director’’ and inserting 

7 the following: 

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

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

10 ‘‘(2) SUBAWARDS.—Notwithstanding any other 

11 provision of law, including provisions of State law 

12 requiring competitive procurement, the Director may 

13 make subawards to subrecipients, except for for14 profit entities, using amounts provided under this 

15 title to carry out affordable housing activities upon 

16 a determination by the Director that such subrecipi17 ents have adequate capacity to carry out activities in 

18 accordance with this Act.’’. 

19 SEC. 15. REAUTHORIZATION OF NATIVE HAWAIIAN HOME20 OWNERSHIP PROVISIONS. 

21 Section 824 of the Native American Housing Assist22 ance and Self-Determination Act of 1996 (25 U.S.C. 

23 4243) is amended by striking ‘‘such sums as may be nec24 essary’’ and all that follows through the period at the end 

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

26 of fiscal years 2022 through 2032.’’. 


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1 SEC. 16. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 

2 COST. 

3 Affordable housing (as defined in section 4 of the Na4 tive American Housing Assistance and Self-Determination 

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

6 or assisted under the block grant program established 

7 under section 101 of the Native American Housing Assist8 ance and Self-Determination Act of 1996 (25 U.S.C. 

9 4111) shall not exceed by more than 20 percent, without 

10 prior approval of the Secretary of Housing and Urban De11 velopment, the total development cost maximum cost for 

12 all housing assisted under an affordable housing activity, 

13 including development and model activities. 

14 SEC. 17. COMMUNITY-BASED DEVELOPMENT ORGANIZA15 TIONS. 

16 Section 105 of the Housing and Community Develop17 ment Act of 1974 (42 U.S.C. 5305) is amended by adding 

18 at the end the following: 

19 ‘‘(i) INDIAN TRIBES AND TRIBALLY DESIGNATED

20 HOUSING ENTITIES AS COMMUNITY-BASED DEVELOP21 MENT ORGANIZATIONS.— 

22 ‘‘(1) DEFINITION.—In this subsection, the term 

23 ‘tribally designated housing entity’ has the meaning 

24 given the term in section 4 of the Native American 

25 Housing Assistance and Self-Determination Act of 

26 1996 (25 U.S.C. 4103). 


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1 ‘‘(2) QUALIFICATION.—An Indian tribe, a trib2 ally designated housing entity, or a tribal organiza3 tion shall qualify as a community-based development 

4 organization for purposes of carrying out new hous5 ing construction under this subsection under a grant 

6 made under section 106(a)(1).’’. 

7 SEC. 18. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 

8 COUNSELING GRANTS. 

9 Section 106(a)(4) of the Housing and Urban Devel10 opment Act of 1968 (12 U.S.C. 1701x(a)(4)) is amend11 ed— 

12 (1) in subparagraph (A)— 

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

14 comma; and 

15 (B) by inserting before the period at the 

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

17 designated housing entities’’; 

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

19 tribes, and tribally designated housing entities’’ after 

20 ‘‘organizations)’’; 

21 (3) by redesignating subparagraph (F) as sub22 paragraph (G); and 

23 (4) by inserting after subparagraph (E) the fol24 lowing: 


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

2 the terms ‘Indian tribe’ and ‘tribally designated 

3 housing entity’ have the meanings given those 

4 terms in section 4 of the Native American 

5 Housing Assistance and Self-Determination Act 

6 of 1996 (25 U.S.C. 4103).’’. 

7 SEC. 19. SECTION 184 INDIAN HOME LOAN GUARANTEE 

8 PROGRAM. 

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

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

11 1715z–13a(b)(4)) is amended by— 

12 (1) redesignating subparagraphs (A) through 

13 (D) as clauses (i) through (iv), respectively, and ad14 justing the margins accordingly; 

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

16 following: 

17 ‘‘(A) IN GENERAL.—The loan’’; 

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

19 adding at the end the following: 

20 ‘‘(v) Any entity certified as a commu21 nity development financial institution by 

22 the Community Development Financial In23 stitutions Fund established under section 

24 104(a) of the Riegle Community DevelopVerDate Sep 11 2014 17:09 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264

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1 ment and Regulatory Improvement Act of 

2 1994 (12 U.S.C. 4703(a)).’’; and 

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

4 ‘‘(B) DIRECT GUARANTEE PROCESS.— 

5 ‘‘(i) AUTHORIZATION.—The Secretary 

6 may authorize qualifying lenders to partici7 pate in a direct guarantee process for ap8 proving loans under this section. 

9 ‘‘(ii) INDEMNIFICATION.— 

10 ‘‘(I) IN GENERAL.—If the Sec11 retary determines that a mortgage 

12 guaranteed through a direct guar13 antee process under this subpara14 graph was not originated in accord15 ance with the requirements estab16 lished by the Secretary, the Secretary 

17 may require the lender approved 

18 under this subparagraph to indemnify 

19 the Secretary for the loss, irrespective 

20 of whether the violation caused the 

21 mortgage default. 

22 ‘‘(II) FRAUD OR MISREPRESEN23 TATION.—If fraud or misrepresenta24 tion is involved in a direct guarantee 

25 process under this subparagraph, the 


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1 Secretary shall require the original 

2 lender approved under this subpara3 graph to indemnify the Secretary for 

4 the loss regardless of when an insur5 ance claim is paid. 

6 ‘‘(C) REVIEW OF MORTGAGEES.— 

7 ‘‘(i) IN GENERAL.—The Secretary 

8 may periodically review the mortgagees 

9 originating, underwriting, or servicing sin10 gle family mortgage loans under this sec11 tion. 

12 ‘‘(ii) REQUIREMENTS.—In conducting 

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

14 ‘‘(I) shall compare the mortgagee 

15 with other mortgagees originating or 

16 underwriting loan guarantees for In17 dian housing based on the rates of de18 faults and claims for guaranteed 

19 mortgage loans originated, under20 written, or serviced by that mort21 gagee; 

22 ‘‘(II) may compare the mort23 gagee with such other mortgagees 

24 based on underwriting quality, geo25 graphic area served, or any commonly 


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1 used factors the Secretary determines 

2 necessary for comparing mortgage de3 fault risk, provided that the compari4 son is of factors that the Secretary 

5 would expect to affect the default risk 

6 of mortgage loans guaranteed by the 

7 Secretary; 

8 ‘‘(iii) shall implement such compari9 sons by regulation, notice, or mortgagee 

10 letter; and 

11 ‘‘(I) may terminate the approval 

12 of a mortgagee to originate, under13 write, or service loan guarantees for 

14 housing under this section if the Sec15 retary determines that the mortgage 

16 loans originated, underwritten, or 

17 serviced by the mortgagee present an 

18 unacceptable risk to the Indian Hous19 ing Loan Guarantee Fund established 

20 under subsection (i)— 

21 ‘‘(aa) based on a comparison 

22 of any of the factors set forth in 

23 this subparagraph; or 


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1 ‘‘(bb) by a determination 

2 that the mortgagee engaged in 

3 fraud or misrepresentation.’’. 

4 (b) LOAN GUARANTEES FOR INDIAN HOUSING.— 

5 Section 184(i)(5) of the Housing and Community Devel6 opment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

7 amended— 

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

9 first sentence the following: ‘‘There are authorized 

10 to be appropriated for those costs such sums as may 

11 be necessary for each of fiscal years 2022 through 

12 2032.’’; and 

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

14 through 2012’’ and inserting ‘‘2022 through 2032’’. 

15 SEC. 20. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUS16 ING. 

17 Section 184A of the Housing and Community Devel18 opment Act of 1992 (12 U.S.C. 1715z–13b) is amended— 

19 (1) in subsection (c)(4)(B)— 

20 (A) by redesignating clause (iv) as clause 

21 (v); and 

22 (B) by adding after clause (iii) the fol23 lowing: 

24 ‘‘(iv) Any entity certified as a commu25 nity development financial institution by 


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1 the Community Development Financial In2 stitutions Fund established under section 

3 104(a) of the Riegle Community Develop4 ment and Regulatory Improvement Act of 

5 1994 (12 U.S.C. 4703(a)).’’; and 

6 (2) in subsection (j)(5)(B), by inserting after 

7 the first sentence the following: ‘‘There are author8 ized to be appropriated for those costs such sums as 

9 may be necessary for each of fiscal years 2022 

10 through 2032.’’. 

11 SEC. 21. ASSISTANT SECRETARY FOR INDIAN HOUSING. 

12 The Department of Housing and Urban Development 

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

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

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

16 and inserting ‘‘8’’; and 

17 (B) in subsection (e)— 

18 (i) by redesignating paragraph (2) as 

19 paragraph (4); and 

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

21 all that follows through the end of para22 graph (1) and inserting the following: 

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

24 the Office of Native American Programs (in this sub25 section referred to as the ‘Office’) to be headed by an AsVerDate Sep 11 2014 17:09 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264

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1 sistant Secretary for Native American Programs (in this 

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

3 shall be 1 of the Assistant Secretaries in subsection (a)(1). 

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

5 for— 

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

7 relevant office in the Department, the provision of 

8 housing assistance to Indian tribes or Indian hous9 ing authorities under each program of the Depart10 ment that provides for such assistance; 

11 ‘‘(B) administering the community development 

12 block grant program for Indian tribes under title I 

13 of the Housing and Community Development Act of 

14 1974 (42 U.S.C. 5301 et seq.) and the provision of 

15 assistance to Indian tribes under such Act; 

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

17 managing any regional offices of the Department 

18 that administer Indian programs to the extent of 

19 such programs; and 

20 ‘‘(D) coordinating all programs of the Depart21 ment relating to Indian and Alaska Native housing 

22 and community development. 

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

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

25 needs for Indian families and community development 


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1 needs of Indian tribes in the United States and the activi2 ties of the Department, and extent of such activities, in 

3 meeting such needs.’’; and 

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

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

6 SEC. 22. DRUG ELIMINATION PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) CONTROLLED SUBSTANCE.—The term 

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

10 term in section 102 of the Controlled Substances 

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

12 (2) DRUG-RELATED CRIME.—The term ‘‘drug13 related crime’’ means the illegal manufacture, sale, 

14 distribution, use, or possession with intent to manu15 facture, sell, distribute, or use a controlled sub16 stance. 

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

18 (A) has the meaning given the term in sec19 tion 4 of the Native American Housing Assist20 ance and Self-Determination Act of 1996 (25 

21 U.S.C. 4103); and 

22 (B) includes a recipient of funds under 

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

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

25 the Secretary of Housing and Urban Development. 


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1 (b) ESTABLISHMENT.—The Secretary may make 

2 grants under this section to recipients of assistance under 

3 the Native American Housing Assistance and Self-Deter4 mination Act of 1996 (25 U.S.C. 4101 et seq.) for use 

5 in eliminating drug-related and violent crime. 

6 (c) ELIGIBLE ACTIVITIES.—Grants under this sec7 tion may be used for— 

8 (1) the employment of security personnel; 

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

10 Bureau of Indian Affairs law enforcement agencies 

11 for additional security and protective services; 

12 (3) physical improvements which are specifically 

13 designed to enhance security; 

14 (4) the employment of 1 or more individuals— 

15 (A) to investigate drug-related or violent 

16 crime in and around the real property com17 prising housing assisted under the Native 

18 American Housing Assistance and Self-Deter19 mination Act of 1996 (25 U.S.C. 4101 et seq.); 

20 and 

21 (B) to provide evidence relating to such 

22 crime in any administrative or judicial pro23 ceeding; 

24 (5) the provision of training, communications 

25 equipment, and other related equipment for use by 


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1 voluntary tenant patrols acting in cooperation with 

2 law enforcement officials; 

3 (6) programs designed to reduce use of drugs 

4 in and around housing communities funded under 

5 the Native American Housing Assistance and Self6 Determination Act of 1996 (25 U.S.C. 4101 et 

7 seq.), including drug-abuse prevention, intervention, 

8 referral, and treatment programs; 

9 (7) providing funding to nonprofit resident 

10 management corporations and resident councils to 

11 develop security and drug abuse prevention pro12 grams involving site residents; 

13 (8) sports programs and sports activities that 

14 serve primarily youths from housing communities 

15 funded through and are operated in conjunction 

16 with, or in furtherance of, an organized program or 

17 plan designed to reduce or eliminate drugs and 

18 drug-related problems in and around those commu19 nities; and 

20 (9) other programs for youth in school settings 

21 that address drug prevention and positive alter22 natives for youth, including education and activities 

23 related to science, technology, engineering, and 

24 math. 

25 (d) APPLICATIONS.— 


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

2 this subsection, an eligible applicant shall submit an 

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

4 manner, and accompanied by— 

5 (A) a plan for addressing the problem of 

6 drug-related or violent crime in and around of 

7 the housing administered or owned by the appli8 cant for which the application is being sub9 mitted; and 

10 (B) such additional information as the Sec11 retary may reasonably require. 

12 (2) CRITERIA.—The Secretary shall approve ap13 plications submitted under paragraph (1) on the 

14 basis of thresholds or criteria such as— 

15 (A) the extent of the drug-related or vio16 lent crime problem in and around the housing 

17 or projects proposed for assistance; 

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

19 crime problem in the housing or projects pro20 posed for assistance, including the extent to 

21 which the plan includes initiatives that can be 

22 sustained over a period of several years; 

23 (C) the capability of the applicant to carry 

24 out the plan; and 


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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 designated 

11 pursuant to section 707(b) of the Office of National Drug 

12 Control Policy Reauthorization Act of 1998 (21 U.S.C. 

13 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 


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1 under this section, which shall include descriptions 

2 of— 

3 (A) the methodology used to distribute 

4 amounts made available under this section; and 

5 (B) actions taken by the Secretary to en6 sure that amounts made available under section 

7 are not used to fund baseline local government 

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

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

10 shall publish on the website of the Department a notice 

11 of all grant awards made pursuant to section, which shall 

12 identify the grantees and the amount of the grants. 

13 (h) MONITORING.— 

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

15 and monitor the program funded under this sub16 section to ensure that assistance provided under this 

17 subsection is administered in accordance with the 

18 provisions of section. 

19 (2) PROHIBITION OF FUNDING BASELINE SERV20 ICES.— 

21 (A) IN GENERAL.—Amounts provided 

22 under this section may not be used to reim23 burse or support any local law enforcement 

24 agency or unit of general local government for 

25 the provision of services that are included in the 


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1 baseline of services required to be provided by 

2 any such entity pursuant to a local cooperative 

3 agreement pursuant under the Indian Self-De4 termination and Education Assistance Act (25 

5 U.S.C. 5301 et seq.) or any provision of an an6 nual contributions contract for payments in lieu 

7 of taxation with the Bureau of Indian Affairs. 

8 (B) DESCRIPTION.—Each grantee under 

9 this section shall describe, in the report under 

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

11 the unit of Tribal government in which the ju12 risdiction of the grantee is located. 

13 (3) ENFORCEMENT.—The Secretary shall pro14 vide for the effective enforcement of this section, as 

15 specified in the program requirements published in 

16 a notice by the Secretary, which may include— 

17 (A) the use of on-site monitoring, inde18 pendent public audit requirements, certification 

19 by Tribal or Federal law enforcement or Tribal 

20 government officials regarding the performance 

21 of baseline services referred to in paragraph 

22 (2); 

23 (B) entering into agreements with the At24 torney General to achieve compliance, and 


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1 verification of compliance, with the provisions of 

2 this section; and 

3 (C) adopting enforcement authority that is 

4 substantially similar to the authority provided 

5 to the Secretary under the Native American 

6 Housing Assistance and Self-Determination Act 

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

8 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary for each fiscal years 2022 through 2032 to carry 

11 out this section. 

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

13 INDIAN VETERANS. 

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

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

16 at the end the following: 

17 ‘‘(E) INDIAN VETERANS HOUSING RENTAL

18 ASSISTANCE PROGRAM.— 

19 ‘‘(i) DEFINITIONS.—In this subpara20 graph: 

21 ‘‘(I) ELIGIBLE INDIAN VET22 ERAN.—The term ‘eligible Indian vet23 eran’ means an Indian veteran who 

24 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 those 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 the 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 

24 rental assistance and supported hous25 ing program authorized under subVerDate Sep 11 2014 17:09 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264

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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) EXCEPTION.—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 this subparagraph, and every 

18 5 years thereafter, the Secretary, in 

19 coordination with the Secretary of 

20 Veterans Affairs and the Director of 

21 the Indian Health Service, shall— 

22 ‘‘(aa) conduct a review of 

23 the implementation of the Pro24 gram, including any factors that 

25 may have limited its success; and 


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1 ‘‘(bb) submit a report de2 scribing the results of the review 

3 under item (aa) to— 

4 ‘‘(AA) the Committee 

5 on Indian Affairs, the Com6 mittee on Banking, Housing, 

7 and Urban Affairs, the 

8 Committee on Veterans’ Af9 fairs, and the Committee on 

10 Appropriations of the Sen11 ate; and 

12 ‘‘(BB) the Sub13 committee on Indian, Insu14 lar and Alaska Native Af15 fairs of the Committee on 

16 Natural Resources, the 

17 Committee on Financial 

18 Services, the Committee on 

19 Veterans’ Affairs, and the 

20 Committee on Appropria21 tions of the House of Rep22 resentatives. 

23 ‘‘(II) ANALYSIS OF HOUSING

24 STOCK LIMITATION.—The Secretary 

25 shall include in the initial report subVerDate Sep 11 2014 17:09 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264

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1 mitted under subclause (I) a descrip2 tion of— 

3 ‘‘(aa) any regulations gov4 erning the use of formula current 

5 assisted stock (as defined in sec6 tion 1000.314 of title 24, Code of 

7 Federal Regulations (or any suc8 cessor regulation)) within the 

9 Program; 

10 ‘‘(bb) the number of recipi11 ents of grants under the Pro12 gram that have reported the reg13 ulations described in item (aa) as 

14 a barrier to implementation of 

15 the Program; and 

16 ‘‘(cc) proposed alternative 

17 legislation or regulations devel18 oped by the Secretary in con19 sultation with recipients of 

20 grants under the Program to 

21 allow the use of formula current 

22 assisted stock within the Pro23 gram.’’. 


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1 SEC. 24. LEVERAGING. 

2 All funds provided under a grant made pursuant to 

3 this division or the amendments made by this division may 

4 be used for purposes of meeting matching or cost partici5 pation requirements under any other Federal or non-Fed6 eral program, provided that such grants made pursuant 

7 to the Native American Housing Assistance and Self-De8 termination Act of 1996 (25 U.S.C. 4101 et seq.) are 

9 spent in accordance with that Act. 

Æ 


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