TH ST CONGRESS SESSION H. R. 5319 · 2020. 3. 26. · I 116TH CONGRESS 1ST SESSION H. R. 5319 To reauthorize the Native American Housing Assistance and Self- Determination Act of

I

116TH CONGRESS 1ST SESSION H. R. 5319

To reauthorize the Native American Housing Assistance and Self-

Determination Act of 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 5, 2019

Mr. HECK (for himself, Mr. TIPTON, Mr. LUJAN, Mr. COLE, Ms. HAALAND,

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

bill; which was referred to the Committee on Financial Services

A BILL To reauthorize the Native American Housing Assistance and

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

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-3

ERENCES. 4

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

‘‘Native American Housing Assistance and Self-Deter-6

mination Reauthorization Act of 2019’’. 7

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

this Act is as follows: 9

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

Sec. 2. Office of Native American Programs.

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TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.

Sec. 102. Recommendations regarding exceptions to annual Indian housing

plan requirement.

Sec. 103. Environmental review.

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

maximum cost for project.

TITLE II—AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.

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

targeting.

Sec. 203. Lease requirements and tenant selection.

Sec. 204. Tribal coordination of agency funding.

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

housing.

TITLE III—ALLOCATION OF GRANT AMOUNTS

Sec. 301. Authorization of appropriations.

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

TITLE IV—AUDITS AND REPORTS

Sec. 401. Review and audit by Secretary.

Sec. 402. Reports to Congress.

TITLE V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Sec. 501. HUD–Veterans Affair Supportive Housing program for Native Amer-

ican veterans.

Sec. 502. Loan guarantees for Indian housing.

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

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

Sec. 505. Competitive grants.

TITLE VI—MISCELLANEOUS

Sec. 601. Lands Title Report Commission.

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

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

participation requirement.

Sec. 604. Clerical amendment.

TITLE VII—HOUSING FOR NATIVE HAWAIIANS

Sec. 701. Reauthorization of Native Hawaiian Homeownership Act.

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

(c) REFERENCES.—Except as otherwise expressly 1

provided, wherever in this Act an amendment or repeal 2

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

a section or other provision, the reference shall be consid-4


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ered to be made to a section or other provision of the Na-1

tive American Housing Assistance and Self-Determination 2

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

SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS. 4

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

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

is amended— 7

(1) in subsection (a)(1), by striking ‘‘7 Assist-8

ant Secretaries’’ and inserting ‘‘8 Assistant Secre-9

taries’’; and 10

(2) by adding at the end the following new sub-11

section: 12

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

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

in the Department, the Office of Native American 15

Programs. 16

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

American Programs shall be one of the Assistant 18

Secretaries appointed pursuant to subsection 19

(a)(1).’’. 20

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

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

Secretaries of Housing and Urban Development, by strik-23

ing ‘‘(8)’’ and inserting ‘‘(9)’’. 24


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TITLE I—BLOCK GRANTS AND 1

GRANT REQUIREMENTS 2

SEC. 101. BLOCK GRANTS. 3

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

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

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

upon a waiver request submitted under this sub-7

section by a recipient within 60 days after receipt of 8

such request.’’; and 9

(2) in subsection (k), by striking ‘‘1’’ and in-10

serting ‘‘an’’. 11

SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS 12

TO ANNUAL INDIAN HOUSING PLAN RE-13

QUIREMENT. 14

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

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

after consultation with Indian tribes, tribally designated 17

housing entities, and other interested parties, the Sec-18

retary of Housing and Urban Development shall submit 19

to the Congress recommendations for standards and pro-20

cedures for waiver of, or alternative requirements (which 21

may include multi-year housing plans) for, the require-22

ment under section 102(a) of the Native American Hous-23

ing Assistance and Self-Determination Act of 1996 (25 24

U.S.C. 4112(a)) for annual submission of one-year hous-25


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ing plans for an Indian tribe. Such recommendations shall 1

include a description of any legislative and regulatory 2

changes necessary to implement such recommendations. 3

SEC. 103. ENVIRONMENTAL REVIEW. 4


(1) in subsection (d)— 6

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

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

(B) by adding after and below paragraph 9

(4) the following: 10

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

under this subsection by a recipient within 60 days after 12

receipt of such request.’’; and 13


section: 15

‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW 16

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

sources of Federal funds in addition to grant amounts 18

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

an affordable housing activity under section 202, such 20

other sources of Federal funds do not exceed 49 percent 21

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

has assumed all of the responsibilities for environmental 23

review, decisionmaking, and action pursuant to this sec-24

tion, the tribe’s compliance with the review requirements 25


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under this section and the National Environmental Policy 1

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

to fully comply with and discharge any applicable environ-3

mental review requirements that might apply to Federal 4

agencies with respect to the use of such additional Federal 5

funding sources for that project.’’. 6

SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP-7

PROVAL REGARDING EXCEEDING TDC MAX-8

IMUM COST FOR PROJECT. 9

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

amended by adding at the end the following new sub-11

section: 12

‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EX-13

CEED TDC MAXIMUM.—A request for approval by the 14

Secretary of Housing and Urban Development to exceed 15

by more than 10 percent the total development cost max-16

imum cost for a project shall be approved or denied during 17

the 60-day period that begins on the date that the Sec-18

retary receives the request.’’. 19

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

amended— 21

(1) by redesignating paragraph (22) as para-22

graph (23); and 23

(2) by inserting after paragraph (21) the fol-24

lowing new paragraph: 25


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

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

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

including all undertakings necessary for administra-4

tion, planning, site acquisition, demolition, construc-5

tion or equipment and financing (including payment 6

of carrying charges), and for otherwise carrying out 7

the development of the project, excluding off-site 8

water and sewer. The total development cost 9

amounts shall be based on a moderately designed 10

house and determined by averaging the current con-11

struction costs as listed in not less than two nation-12

ally recognized residential construction cost indi-13

ces.’’. 14

TITLE II—AFFORDABLE 15

HOUSING ACTIVITIES 16

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 17

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

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

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

‘‘1964,’’; and 21

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

and section 3 of the Housing and Urban Develop-23

ment Act of 1968’’. 24


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SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN-1

COME REQUIREMENT AND INCOME TAR-2

GETING. 3


(1) in subsection (a)(1)— 5

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

‘‘and’’ at the end; and 7

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

subparagraph: 9

‘‘(E) notwithstanding any other provision 10

of this paragraph, in the case of rental housing 11

that is made available to a current rental family 12

for conversion to a homebuyer or a lease-pur-13

chase unit, that the current rental family can 14

purchase through a contract of sale, lease-pur-15

chase agreement, or any other sales agreement, 16

is made available for purchase only by the cur-17

rent rental family, if the rental family was a 18

low-income family at the time of their initial oc-19

cupancy of such unit; and’’; and 20

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

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

paragraph regarding binding commitments for the 23

remaining useful life of the property shall not apply 24

to improvements of privately owned homes if the 25

cost of such improvements do not exceed 10 percent 26


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of the maximum total development cost for such 1

home.’’. 2

SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION. 3

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

at the end the following new subsection: 5

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

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

housing that is assisted in part with amounts provided 8

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

of Federal funds shall only utilize leases that require a 10

notice period for the termination of the lease pursuant to 11

subsection (a)(3).’’. 12

SEC. 204. TRIBAL COORDINATION OF AGENCY FUNDING. 13

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

4131 et seq.) is amended by adding at the end the fol-15

lowing new section: 16

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

‘‘Notwithstanding any other provision of law, a re-18

cipient authorized to receive funding under this Act may, 19

in its discretion, use funding from the Indian Health Serv-20

ice of the Department of Health and Human Services for 21

construction of sanitation facilities for housing construc-22

tion and renovation projects that are funded in part by 23

funds provided under this Act.’’. 24


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

in section 1(b) is amended by inserting after the item re-2

lating to section 210 the following new item: 3

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

SEC. 205. EXCEPTION TO MAXIMUM TOTAL DEVELOPMENT 4

COST FOR ENERGY EFFICIENT HOUSING. 5

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

at the end the following new subsection: 7

‘‘(g) EXCEPTION TO MAXIMUM TOTAL DEVELOP-8

MENT COST FOR ENERGY EFFICIENT HOUSING.—The 9

Secretary shall approve a request to exceed the total devel-10

opment cost maximum cost for a project to the extent that 11

such exception is necessary to provide energy efficiency 12

upgrades for the project and the cost of such upgrades 13

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

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

TITLE III—ALLOCATION OF 16

GRANT AMOUNTS 17

SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 18

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

follows: 20

‘‘SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 21

‘‘There is authorized to be appropriated for grants 22

under this title— 23

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

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


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

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

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

SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT 4

AMOUNTS ON ANNUAL ALLOCATIONS. 5

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

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

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

ANNUAL ALLOCATIONS. 9

‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED 10

GRANT AMOUNTS.—Subject to subsection (d) of this sec-11

tion, if on October 1, 2020, or on any October 1 there-12

after, the total amount of undisbursed block grants for 13

a recipient in the line of credit control system (or a suc-14

cessor system) of the Department of Housing and Urban 15

Development is greater than the sum of the initial alloca-16

tions for the previous 3 fiscal years, the Secretary shall— 17

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

Indian tribe allocated the grant amounts and any 19

tribally designated housing entity for the tribe of the 20

undisbursed funds; and 21

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

later than 30 days after the Secretary provides noti-23

fication pursuant to paragraph (1)— 24


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

reasons why the recipient has not requested the 2

disbursement of such amounts; and 3

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

Secretary that the recipient has the capacity to 5

spend Federal funds in an effective manner, 6

which demonstration may include evidence of 7

the timely expenditure of amounts previously 8

distributed under this Act to the recipient. 9

‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec-10

tions 301 and 302, the allocation for such fiscal year for 11

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

initially calculated according to the formula minus the dif-13

ference between the recipient’s total amount of 14

undisbursed block grants in the Department’s line of cred-15

it control system on such January 1 and three times the 16

initial formula amount for such fiscal year. 17

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

provision of law, any grant amounts not allocated to a re-19

cipient pursuant to subsection (b) shall be allocated under 20

the need component of the formula proportionately 21

amount all other Indian tribes not subject to such an ad-22

justment. 23

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

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


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

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

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

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

be construed to confer hearing rights under this or any 5

other section of this Act.’’. 6

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

in section 1(b) is amended by inserting after the item re-8

lating to section 302 the following new item: 9

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

TITLE IV—AUDITS AND REPORTS 10

SEC. 401. REVIEW AND AUDIT BY SECRETARY. 11

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

adding at the end the following new paragraph: 13

‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec-14

retary shall issue a final report within 60 days after 15

receiving comments under paragraph (1) from a re-16

cipient.’’. 17

SEC. 402. REPORTS TO CONGRESS. 18


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

and inserting ‘‘Committee on Financial Services and 21

the Committee on Natural Resources of the House 22

of Representatives, to the Committee on Indian Af-23

fairs and the Committee on Banking, Housing, and 24

Urban Affairs of the Senate, and to any subcommit-25


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tees of such committees having jurisdiction with re-1

spect to Native American and Alaska Native af-2

fairs,’’; and 3


section: 5

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

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

publicly available to recipients.’’. 8

TITLE V—OTHER HOUSING AS-9

SISTANCE FOR NATIVE AMER-10

ICANS 11

SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 12

PROGRAM FOR NATIVE AMERICAN VET-13

ERANS. 14

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

Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend-16

ed by adding at the end the following new subparagraph: 17

‘‘(D) INDIAN VETERANS HOUSING RENTAL 18

ASSISTANCE PROGRAM.— 19

‘‘(i) DEFINITIONS.—In this subpara-20

graph: 21

‘‘(I) ELIGIBLE INDIAN VET-22

ERAN.—The term ‘eligible Indian vet-23

eran’ means an Indian veteran who 24

is— 25


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‘‘(aa) homeless or at risk of 1

homelessness; and 2

‘‘(bb) living— 3

‘‘(AA) on or near a res-4

ervation; or 5

‘‘(BB) in or near any 6

other Indian area. 7

‘‘(II) ELIGIBLE RECIPIENT.— 8

The term ‘eligible recipient’ means a 9

recipient eligible to receive a grant 10

under section 101 of the Native 11

American Housing Assistance and 12

Self-Determination Act of 1996 (25 13

U.S.C. 4111). 14

‘‘(III) INDIAN; INDIAN AREA.— 15

The terms ‘Indian’ and ‘Indian area’ 16

have the meanings given such terms 17

in section 4 of the Native American 18

Housing Assistance and Self-Deter-19

mination Act of 1996 (25 U.S.C. 20

4103). 21

‘‘(IV) INDIAN VETERAN.—The 22

term ‘Indian veteran’ means an In-23

dian who is a veteran. 24


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‘‘(V) PROGRAM.—The term ‘Pro-1

gram’ means the Tribal HUD–VASH 2

program carried out under clause (ii). 3

‘‘(VI) TRIBAL ORGANIZATION.— 4

The term ‘tribal organization’ has the 5

meaning given such term in section 4 6

of the Indian Self-Determination and 7

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

5304). 9

‘‘(ii) PROGRAM SPECIFICATIONS.— 10

The Secretary shall use not less than 5 11

percent of the amounts made available for 12

rental assistance under this paragraph to 13

carry out a rental assistance and sup-14

ported housing program, to be known as 15

the Tribal HUD–VASH program, in con-16

junction with the Secretary of Veterans Af-17

fairs, by awarding grants for the benefit of 18

eligible Indian veterans. 19

‘‘(iii) MODEL.— 20

‘‘(I) IN GENERAL.—Except as 21

provided in subclause (II), the Sec-22

retary shall model the Program on the 23

rental assistance and supported hous-24

ing program authorized under sub-25


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paragraph (A) and applicable appro-1

priations Acts, including administra-2

tion in conjunction with the Secretary 3

of Veterans Affairs. 4

‘‘(II) EXCEPTIONS.— 5

‘‘(aa) SECRETARY OF HOUS-6

ING AND URBAN DEVELOP-7

MENT.—After consultation with 8

Indian tribes, eligible recipients, 9

and any other appropriate tribal 10

organizations, the Secretary may 11

make necessary and appropriate 12

modifications to facilitate the use 13

of the Program by eligible recipi-14

ents to serve eligible Indian vet-15

erans. 16

‘‘(bb) SECRETARY OF VET-17

ERANS AFFAIRS.—After consulta-18

tion with Indian tribes, eligible 19

recipients, and any other appro-20

priate tribal organizations, the 21

Secretary of Veterans Affairs 22

may make necessary and appro-23

priate modifications to facilitate 24

the use of the Program by eligi-25


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ble recipients to serve eligible In-1

dian veterans. 2

‘‘(iv) ELIGIBLE RECIPIENTS.—The 3

Secretary shall make amounts for rental 4

assistance and associated administrative 5

costs under the Program available in the 6

form of grants to eligible recipients. 7

‘‘(v) FUNDING CRITERIA.—The Sec-8

retary shall award grants under the Pro-9

gram based on— 10

‘‘(I) need; 11

‘‘(II) administrative capacity; and 12

‘‘(III) any other funding criteria 13

established by the Secretary in a no-14

tice published in the Federal Register 15

after consulting with the Secretary of 16

Veterans Affairs. 17

‘‘(vi) ADMINISTRATION.—Grants 18

awarded under the Program shall be ad-19

ministered in accordance with the Native 20

American Housing Assistance and Self-De-21

termination Act of 1996 (25 U.S.C. 4101 22

et seq.), except that recipients shall— 23

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

manner prescribed by the Secretary, 25


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reports on the utilization of rental as-1

sistance provided under the Program; 2

and 3

‘‘(II) provide to the Secretary in-4

formation specified by the Secretary 5

to assess the effectiveness of the Pro-6

gram in serving eligible Indian vet-7

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 el-13

igible recipients and any other appro-14

priate tribal organization on the de-15

sign of the Program to ensure the ef-16

fective delivery of rental assistance 17

and supportive services to eligible In-18

dian veterans under the Program. 19

‘‘(II) INDIAN HEALTH SERV-20

ICE.—The Director of the Indian 21

Health Service shall provide any as-22

sistance requested by the Secretary or 23

the Secretary of Veterans Affairs in 24

carrying out the Program. 25


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‘‘(viii) WAIVER.— 1

‘‘(I) IN GENERAL.—Except as 2

provided in subclause (II), the Sec-3

retary may waive or specify alter-4

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 al-10

ternative requirement is necessary for 11

the effective delivery and administra-12

tion of rental assistance under the 13

Program to eligible Indian veterans. 14

‘‘(II) EXCEPTIONS.—The Sec-15

retary may not waive or specify alter-16

native requirements under subclause 17

(I) for any provision of law (including 18

regulations) relating to labor stand-19

ards or the environment. 20

‘‘(ix) RENEWAL GRANTS.—The Sec-21

retary may— 22

‘‘(I) set aside, from amounts 23

made available for tenant-based rental 24

assistance under this subsection and 25


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without regard to the amounts used 1

for new grants under clause (ii), such 2

amounts as may be necessary to 3

award renewal grants to eligible re-4

cipients that received a grant under 5

the Program in a previous year; and 6

‘‘(II) specify criteria that an eli-7

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 enact-16

ment of the Tribal HUD–VASH Act 17

of 2019, and every 5 years thereafter, 18

the Secretary, in coordination with the 19

Secretary of Veterans Affairs and the 20

Director of the Indian Health Service, 21

shall— 22

‘‘(aa) conduct a review of 23

the implementation of the Pro-24


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gram, including any factors that 1

may have limited its success; and 2

‘‘(bb) submit a report de-3

scribing the results of the review 4

under item (aa) to— 5

‘‘(AA) the Committee 6

on Indian Affairs, the Com-7

mittee on Banking, Housing, 8

and Urban Affairs, the 9

Committee on Veterans’ Af-10

fairs, and the Committee on 11

Appropriations of the Sen-12

ate; and 13

‘‘(BB) the Sub-14

committee on Indian, Insu-15

lar and Alaska Native Af-16

fairs of the Committee on 17

Natural Resources, the 18

Committee on Financial 19

Services, the Committee on 20

Veterans’ Affairs, and the 21

Committee on Appropria-22

tions of the House of Rep-23

resentatives. 24


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‘‘(II) ANALYSIS OF HOUSING 1

STOCK LIMITATION.—The Secretary 2

shall include in the initial report sub-3

mitted under subclause (I) a descrip-4

tion of— 5

‘‘(aa) any regulations gov-6

erning the use of formula current 7

assisted stock (as defined in sec-8

tion 1000.314 of title 24, Code of 9

Federal Regulations (or any suc-10

cessor regulation)) within the 11

Program; 12

‘‘(bb) the number of recipi-13

ents of grants under the Pro-14

gram that have reported the reg-15

ulations described in item (aa) as 16

a barrier to implementation of 17

the Program; and 18

‘‘(cc) proposed alternative 19

legislation or regulations devel-20

oped by the Secretary in con-21

sultation with recipients of 22

grants under the Program to 23

allow the use of formula current 24


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assisted stock within the Pro-1

gram.’’. 2

SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING. 3

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 4

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

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

(1) in paragraph (5)— 7

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

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

through 2024’’; and 10

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

following new paragraph: 12

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 13

There are authorized to be appropriated to the 14

Guarantee Fund to carry out this section— 15

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

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

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

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

and 20

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

(b) FORECLOSURE PROCEEDINGS.— 22

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

184(h) of the Housing and Community Development 24


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Act of 1992 (12 U.S.C. 1715z–13a(h)(1)) is amend-1

ed— 2

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

including in a tribal court having jurisdiction,’’ 4

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

and 6

(B) in subparagraph (B), by inserting be-7

fore the period at the end the following: ‘‘, 8

which may include initiating foreclosure pro-9

ceedings in the tribal court having jurisdiction, 10

but if the tribal court does not hold proceedings 11

on a foreclosure complaint within the period 12

provided under applicable law or within 90 days 13

of service of the foreclosure complaint (which-14

ever is longer), the Secretary may voluntarily 15

dismiss the tribal court action and proceed to 16

file in another court of competent jurisdiction’’. 17

(2) CONTRACT ATTORNEYS.—Clause (i) of sec-18

tion 184(h)(1)(A) of the Housing and Community 19

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

13a(h)(1)), as amended by subsection (b) of this sec-21

tion, is further amended by adding at the end the 22

following: ‘‘The Attorney General may contract for 23

and use the services of private attorneys in handling 24

such foreclosure proceedings if the Attorney General 25


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determines use of such attorneys will facilitate com-1

petent and cost-effective representation.’’. 2

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

FOR INDIAN TRIBES. 4

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

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

subsection: 7

‘‘(g) SET-ASIDE FOR INDIAN TRIBES.—For each fis-8

cal year, the Secretary shall set aside and reserve for as-9

sistance for Indian tribes (as such term is defined in sec-10

tion 4 of the Native American Housing Assistance and 11

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

amount equal to 5.0 percent in each fiscal year of the ag-13

gregate amount of lending authority, budget authority, or 14

guarantee authority, as appropriate, made available for 15

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

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

made available to the Rural Utilities Service to carry out 18

programs or activities. The procedure under this section 19

for reserving amounts shall also provide that any assist-20

ance set aside in any fiscal year for Indian tribes that has 21

not been expended by a reasonable date established by the 22

Secretary shall be made available and allocated under the 23

laws and regulations relating to such assistance, notwith-24

standing this subsection.’’. 25


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•HR 5319 IH

SEC. 504. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 1

COUNSELING. 2

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

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

is amended— 5

(1) in subparagraph (A)— 6

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

comma; and 8

(B) by inserting before the period at the 9

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

designated housing entities. For purposes of 11

this paragraph, the terms ‘Indian tribe’ and 12

‘tribally designated housing entity’ shall have 13

the same meanings given such terms in section 14

4 of the Native American Housing Assistance 15

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

4103)’’; and 17

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

tribes, and tribally designated housing entities’’ after 19

‘‘organizations)’’. 20

SEC. 505. COMPETITIVE GRANTS. 21

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

adding at the end the following new section: 23

‘‘SEC. 706. COMPETITIVE GRANTS. 24

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

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


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•HR 5319 IH

make grants under this section, pursuant to a competition 1

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

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

for carrying out eligible affordable housing activities under 4

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

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

grants under this section, the Secretary shall— 7

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

and related necessary infrastructure, that will in-9

crease the inventory of affordable housing; 10

‘‘(2) encourage housing rehabilitation projects 11

that will increase the useful life of existing afford-12

able housing dwelling units and alleviate sub-13

standard housing conditions; 14

‘‘(3) encourage necessary affordable housing-re-15

lated infrastructure projects that will enable future 16

construction or rehabilitation; and 17

‘‘(4) consider need and administrative capacity 18

of applicants. 19

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

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

year, not more than 1 percent may be used by the Sec-22

retary for necessary costs of administering and overseeing 23

the obligation and expenditure of amounts made available 24

for grants under this section. 25


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

is authorized to be appropriated for grants under this sec-2

tion— 3

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

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

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


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

TITLE VI—MISCELLANEOUS 9

SEC. 601. LANDS TITLE REPORT COMMISSION. 10

Section 501 of the American Homeownership and 11

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

is amended— 13

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

sums being provided in advance in appropriations 15

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

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

and inserting ‘‘the Native American Housing Assist-18

ance and Self-Determination Reauthorization Act of 19

2019’’. 20

SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 21

LANDS FOR HOUSING PURPOSES. 22



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

enacted before, on, or after the date of the enact-2

ment of this section’’ after ‘‘law’’; and 3

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

appears and inserting ‘‘99 years’’. 5

SEC. 603. EXEMPTION FOR INDIAN TRIBES FROM NATIONAL 6

FLOOD INSURANCE PROGRAM PARTICIPA-7

TION REQUIREMENT. 8

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

Protection Act of 1973 (42 U.S.C. 4003(a)(3)) is amend-10

ed by inserting before the semicolon at the end the fol-11

lowing: ‘‘or for any Indian tribe that has in effect a plan 12

for mitigating damage resulting from flooding that has 13

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

SEC. 604. CLERICAL AMENDMENT. 15

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

striking the item relating to section 206 (treatment of 17

funds). 18

TITLE VII—HOUSING FOR 19

NATIVE HAWAIIANS 20

SEC. 701. REAUTHORIZATION OF NATIVE HAWAIIAN HOME-21

OWNERSHIP ACT. 22

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

follows: 24


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‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS. 1

‘‘There are authorized to be appropriated to the De-2

partment of Housing and Urban Development for grants 3

under this title— 4

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

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

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


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

SEC. 702. REAUTHORIZATION OF LOAN GUARANTEES FOR 10

NATIVE HAWAIIAN HOUSING. 11

Section 184A(j) of the Housing and Community De-12

velopment Act of 1992 (12 U.S.C. 1715z–13b(j)) is 13

amended— 14

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

of fiscal years’’ and all that follows through the pe-16

riod at the end and inserting ‘‘for each of fiscal 17

years 2020 through 2024 with an aggregate out-18

standing principal amount not exceeding such 19

amount as may be provided in appropriation Acts 20

for such fiscal year.’’; and 21

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

following new paragraph: 23

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 24

There are authorized to be appropriated to the 25

Guarantee Fund to carry out this section— 26


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

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

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

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

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

Æ


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Documents

TH ST CONGRESS SESSION H. R. 5319 · 2020. 3. 26. · I 116TH CONGRESS 1ST SESSION H. R. 5319 To reauthorize the Native American Housing Assistance and Self- Determination Act of