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Native American Housing Assistance and Self-Determination Modernization Act of 2026
Introduced Mar 26, 2026 · Last action Apr 23, 2026 — Sponsor introductory remarks on measure. (CR H3080)
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Summary
This legislation is called the Native American Housing Assistance and Self-Determination Modernization Act of 2026. Sponsor introductory remarks on measure. (CR H3080).
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8092 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8092
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2026
Mr. Downing (for himself, Ms. Bynum, Mr. Cole, Mr. Lucas, Mr. Huizenga,
Mrs. Wagner, Mr. Meuser, Mr. Haridopolos, Mr. Lawler, Ms. De La Cruz,
Mr. Barr, Mr. Steil, Mr. Davidson, Mr. Stutzman, Mr. Loudermilk, Mr.
Zinke, Mr. Bacon, Mr. Fleischmann, Mr. Johnson of South Dakota, Mrs.
Fedorchak, Mr. Simpson, Mr. Liccardo, Ms. Moore of Wisconsin, Ms.
Davids of Kansas, Ms. Craig, Mr. Davis of North Carolina, Mr. Vasquez,
Mr. Larsen of Washington, Mr. Stanton, Mr. Keating, Ms. Leger
Fernandez, Ms. Pingree, Ms. Stansbury, Mr. Bentz, and Mr. Nunn of Iowa)
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Modernization Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Table of contents.
Sec. 2. Consolidation of environmental review requirements.
Sec. 3. Authorization of appropriations.
Sec. 4. Student housing assistance.
Sec. 5. Clarification of application of rent rule only to units owned
or operated by Indian Tribe or tribally
designated housing entity.
Sec. 6. Deadline for action on request for approval regarding exceeding
TDC maximum cost for project.
Sec. 7. Homeownership or lease-to-own low-income requirement and income
targeting.
Sec. 8. Lease requirements and tenant selection.
Sec. 9. Statutory authority to suspend grant funds in emergencies.
Sec. 10. Reports to Congress.
Sec. 11. 99-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 12. Reauthorization of housing assistance for Native Hawaiians.
Sec. 13. Community-based development organizations and special
activities by Indian Tribes.
Sec. 14. Housing counseling certification waiver.
Sec. 15. Eligibility for housing counseling grants.
Sec. 16. Section 184 Indian home loan guarantee program.
Sec. 17. Loan guarantees for Native Hawaiian housing.
Sec. 18. Rental assistance for homeless or at-risk Indian veterans.
Sec. 19. Continuum of care.
Sec. 20. Streamlining reporting requirements.
Sec. 21. Application of Build America, Buy America requirements.
SEC. 2. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4115) is amended--
(1) in subsection (c)(2) by adding after ``other officer of
the Tribe'' the following: ``, or a tribally designated housing
entity official designated by the Tribe,'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(B) by striking ``The Secretary may'' and inserting
the following:
``(1) In general.--The Secretary shall''; and
(C) by adding at the end the following:
``(2) Waiver request.--The Secretary shall act upon a
waiver request submitted under this subsection within 60 days
after receipt of such request.''; and
(3) by adding at the end the following new subsections:
``(e) Consolidation of Environmental Review Requirements.--For
assistance provided under this Act, including under title VIII of this
Act, and grants to Indian Tribes issued under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), the
Indian Tribe or the Director of the Department of Hawaiian Home Lands
shall be deemed to be in compliance with the environmental review
requirements under this section or section 806 of this Act, title I of
the Housing and Community Development Act of 1974, and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), with regard
to such project and to discharge any applicable environmental review
requirements that might apply to Federal agencies with respect to the
use of additional Federal funding sources for that project, if--
``(1) a recipient is using 1 or more sources of Federal
funds in addition to grant amounts under this Act or in
addition to a grant made to an Indian Tribe under title I of
the Housing and Community Development Act of 1974;
``(2) such other sources of Federal funds do not exceed 49
percent of the Federal share of the project cost; and
``(3) the recipient's Indian Tribe or the Director of the
Department of Hawaiian Home Lands has assumed all of the
responsibilities for environmental review, decision-making, and
action pursuant to this section, section 806 of this Act, or
title I of the Housing and Community Development Act of 1974.
``(f) Environmental Streamlining.--For activities assisted under
this Act, including title VIII of this Act, or assisted with a grant to
an Indian Tribe under title I of the Housing and Community Development
Act (42 U.S.C. 5301 et seq.), each of the following apply:
``(1) General exemption.--Notwithstanding any other
provision of law, activities are exempt from any environmental
review requirements where--
``(A) similar statutory exemptions apply to
comparable activities of other Federal agencies;
``(B) the activity is an affordable housing
activity having a total cost of not more than $250,000;
``(C) the activity is acquisition of property,
including long-term equipment, funded using non-Federal
sources; or
``(D) the activity involves the rehabilitation of a
structure and--
``(i) the cost of the rehabilitation is
less than fifty percent of the market value of
the structure before rehabilitation; and
``(ii) the rehabilitation involves no
ground disturbance, footprint change, or
historic structure.
``(2) Radon exemption.--Notwithstanding any other provision
of law, the Secretary may not require recipients (including the
Director under title VIII of this Act) and Indian Tribes to
consider or test for radon in the environmental review. Nothing
in this provision shall be construed to limit the authority of
a recipient (including the Director under title VIII of this
Act) and an Indian Tribe to consider, test for, and mitigate
radon.
``(3) Lead testing.--
``(A) Testing.--Lead paint testing of target
housing that is in a remote area, and that is being
rehabilitated, renovated, repaired, or painted in a
manner that will repair or disturb building components
that are painted or coated, must be conducted via--
``(i) paint chip testing, lead-based paint
inspection, visual assessment for deteriorated
paint, or a lead risk assessment for lead-based
paint hazards, as applicable in accordance with
section 1012 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992; or
``(ii) visual assessment for deteriorated
paint and use of EPA-recognized lead test kits
in accordance with sections 402 or 404, as
applicable, of the Toxic Substances Control Act
(15 U.S.C. 2682, 2684) on each building
component that is painted or coated and is to
be disturbed.
``(B) Definitions.--In this paragraph:
``(i) Remote area.--The term `Remote Area'
means as the area of a United States Postal
Service ZIP Code that has a level 1 Frontier
and Remote Area code as most recently posted on
the website of the Department of Agriculture.
``(ii) Target housing.--The term `Target
Housing' has the meaning given the term in
section 1004(27) of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851b(27)) assisted under the Native American
Housing Assistance and Self-Determination Act
of 1996.
``(4) Siting of hud projects near explosive and flammable
hazards.--
``(A) In general.--Recipients carrying out
activities under this Act (including the Director under
title VIII of this Act) or Indian Tribe carrying out
activities under title I of the Housing and Community
Development Act shall be exempt from the Secretary's
acceptable separation distance requirements and
mitigation for residential tanks when the tank--
``(i) has a capacity of 1,320 gallons or
less;
``(ii) is intended to contain common liquid
fuels such as gasoline, fuel oil, kerosene,
diesel, liquified petroleum gas (propane), or
crude oil;
``(iii) is sited on land or property that
contains a one- to four-family dwelling;
``(iv) is intended to be used solely by
residents of such dwelling; and
``(v) is intended to be used by residents
of such dwelling exclusively for non-
commercial, non-industrial purposes.
``(B) Rule of construction.--Nothing in this
provision shall be construed to limit the authority of
a recipient (including the Director under title VIII of
this Act) or an Indian Tribe to consider acceptable
separation distance or implement mitigation measures.
``(C) Application.--The Secretary's acceptable
separation distance requirements between a residential
structure assisted with funds under this Act (or
assisted with funds under a grant to an Indian Tribe
under title 1 of the Housing and Community Development
Act) and an above-ground storage tank used to store
hazardous substances as defined in subpart C of part 51
of title 24, Code of Federal Regulations, or successor
regulation, including mitigation measures, do not apply
if the Indian Tribe or recipient (including the
Director under title VIII of this Act) determines
that--
``(i) inapplicability of the requirements
is necessary to address the housing needs of
the Indian Tribe or recipient (including the
Director under title VIII of this Act);
``(ii) the use of an alternative standard,
or the absence of a standard, does not present
an unacceptable risk to the health or safety of
residents; and
``(iii) the Indian Tribe or recipient
(including the Director under title VIII of
this Act) has provided notice and an
opportunity for comment to residents of the
affected area regarding the inapplicability of
the requirements, and has developed a safety
and response plan.
``(5) Streamlining wetland requirements.--The Secretary may
not apply additional requirements involving protection of
wetlands in instances where an affected wetland requires a U.S.
Army Corps of Engineers General, Regional, or individual permit
and the Indian Tribe or recipient (including the Director under
title VIII of this Act) complies with permit conditions.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first
sentence, by striking ``2009 through 2013'' and inserting ``2026
through 2032''.
SEC. 4. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting
``including college housing assistance,'' after ``self-sufficiency and
other services,''.
SEC. 5. CLARIFICATION OF APPLICATION OF RENT RULE ONLY TO UNITS OWNED
OR OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED
HOUSING ENTITY.
Section 203(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(a)) is amended--
(1) in paragraph (2), by inserting ``owned or operated by a
recipient and'' after ``residing in a dwelling unit''; and
(2) by adding at the end the following:
``(3) Self-determination.--Notwithstanding paragraph (2),
recipients may establish their own policies governing maximum
and minimum rents and homebuyer payments for dwelling units
assisted under this Act, provided such policies are written and
made publicly available.''.
SEC. 6. DEADLINE FOR ACTION ON REQUEST FOR APPROVAL REGARDING EXCEEDING
TDC MAXIMUM COST FOR PROJECT.
(a) Approval.--Section 103 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4113) is
amended by adding at the end the following new subsection:
``(f) Deadline for Action on Request To Exceed TDC Maximum.--
``(1) Deadline.--A request for approval by the Secretary to
exceed by more than 10 percent the total development cost
maximum cost for a project shall be approved or denied during
the 60-day period that begins on the date that the Secretary
receives the request.
``(2) No response by secretary.--If the Secretary does not
respond to a request in the 60-day period described in
paragraph (1), the request shall be deemed approved.''.
(b) Definition.--Section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103) is
amended--
(1) by redesignating paragraph (22) as paragraph (23); and
(2) by inserting after paragraph (21) the following new
paragraph:
``(22) Total development cost.--The term `total development
cost' means, with respect to a housing project, the sum of all
costs for the project, including all undertakings necessary for
administration, planning, site acquisition, demolition,
construction or equipment and financing (including payment of
carrying charges), and for otherwise carrying out the
development of the project, excluding off-site water and sewer.
The total development cost amounts shall be based on a
moderately designed house and determined by averaging the
current construction costs as listed in not less than two
nationally recognized residential construction cost indices.''.
SEC. 7. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND INCOME
TARGETING.
Section 205 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit--
``(i) that the current rental family can
purchase through a contract of sale, lease-
purchase agreement, or any other sales
agreement; and
``(ii) the housing is made available for
purchase only by the current rental family, if
the rental family was a low-income family at
the time of their initial occupancy of such
unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting
the following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
SEC. 8. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the
end the following:
``(c) Notice of Termination.--The notice period described in
subsection (a)(3) shall apply to projects and programs funded in part
by amounts authorized under this Act.''.
SEC. 9. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may immediately
take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes
an action described in subparagraph (A), the
Secretary shall provide notice to the recipient
at the time that the Secretary takes that
action.
``(ii) Notice requirements.--The notice
under clause (i) shall inform the recipient
that the recipient may request a hearing by not
later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing
requested under clause (ii) shall be
conducted--
``(I) in accordance with subpart A
of part 26 of title 24, Code of Federal
Regulations (or successor regulations);
and
``(II) to the maximum extent
practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a
hearing requested under clause (ii) is not
completed by the date that is 180 days after
the date on which the recipient requests the
hearing, the action of the Secretary to limit
the availability of payments shall no longer be
effective.''.
SEC. 10. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a)
shall be made publicly available, including to recipients.''.
SEC. 11. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 12. REAUTHORIZATION OF HOUSING ASSISTANCE FOR NATIVE HAWAIIANS.
Section 824 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4243) is amended by striking ``for
each of fiscal years 2001, 2002, 2003, 2004, and 2005'' and inserting
``each of fiscal years 2026 through 2032.''.
SEC. 13. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND SPECIAL
ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of 1974
(42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Indian Tribes, Tribally Designated Housing Entities, and
Tribal Organizations as Community-Based Development Organizations.--
``(1) Definitions.--In this subsection:
``(A) Tribally designated housing entity.--The term
`tribally designated housing entity' has the meaning
given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103).
``(B) Tribal organization.--The term `Tribal
organization' has the meaning given the term in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(2) Qualification.--An Indian Tribe, a tribally
designated housing entity, or a Tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection for a grant made under section 106(a)(1).
``(j) Special Activities by Indian Tribes.--An Indian Tribe (or a
Tribal organization or Tribally designated housing entity designated by
such Indian Tribe) receiving a grant under section 106(a)(1) shall be
authorized to directly carry out activities described in subsection
(a)(15).''.
SEC. 14. HOUSING COUNSELING CERTIFICATION WAIVER.
Subtitle A of title II of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended
by adding at the end the following new section:
``SEC. 211. HOUSING COUNSELING CERTIFICATION WAIVER.
``Notwithstanding section 106(g)(1) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(g)(1)), Indian Tribes, Tribal
organizations, tribally designated housing entities and the Department
of Hawaiian Homelands carrying out homeownership counseling or rental
housing counseling under section 105(a)(20) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(a)(20)) and sections
202(3) and 810(b)(2)(A) of the Native American Housing and Self-
Determination Act of 1996 (25 U.S.C. 4132(3), 4229(b)(2)(A)), may not
be required to comply with any housing counseling certification
requirements established by the Secretary. Nothing in this provision
shall be construed as limiting such recipients' ability to obtain a
housing counseling certification from the Secretary.''.
SEC. 15. ELIGIBILITY FOR HOUSING COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the
following: ``, Indian Tribes, and tribally designated
housing entities'';
(2) in subparagraph (B), by inserting ``, Indian Tribes,
and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G);
and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms
`Indian Tribe' and `tribally designated housing entity'
have the meanings given those terms in section 4 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).''.
SEC. 16. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority.--To provide access to sources of private financing
to Indian families, Indian housing authorities, and Indian Tribes, who
otherwise could not acquire housing financing because of the unique
legal status of Indian lands and the unique nature of Tribal economies,
and to expand homeownership opportunities to Indian families, tribally
designated housing entities, Indian housing authorities and Indian
Tribes on fee simple lands, the Secretary may guarantee not to exceed
100 percent of the unpaid principal and interest due on any loan
eligible under subsection (b) made to an Indian family, tribally
designated housing entities, Indian housing authority, or Indian Tribe
on trust land and fee simple land.'';
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and adjusting the margins
accordingly;
(ii) by striking ``The loan'' and inserting
the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so
redesignated, by adding at the end the
following:
``(v) Any entity certified as a community development financial
institution by the Community Development Financial Institutions Fund
established under section 104(a) of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and
(iv) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may
authorize qualifying lenders to participate in
a direct guarantee process for approving loans
under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary
determines that a mortgage guaranteed
through a direct guarantee process
under this subparagraph was not
originated in accordance with the
requirements established by the
Secretary, the Secretary may require
the lender approved under this
subparagraph to indemnify the Secretary
for the loss, irrespective of whether
the violation caused the mortgage
default.
``(II) Fraud or
misrepresentation.--If fraud or
misrepresentation is involved in a
direct guarantee process under this
subparagraph, the Secretary may require
the originating lender approved under
this subparagraph to indemnify the
Secretary for the loss regardless of
when an insurance claim is paid.
``(III) Implementation.--The
Secretary may implement any requirement
described in this subparagraph by
regulation, notice or Dear Lender
Letter.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may
periodically review the mortgagees originating,
underwriting, or servicing single family
mortgage loans under this section.
``(ii) Requirements.--In conducting a
review under clause (i), the Secretary--
``(I) shall compare the mortgagee
with other mortgagees originating or
underwriting loan guarantees for Indian
housing based on the rates of defaults
and claims for guaranteed mortgage
loans originated, underwritten, or
serviced by that mortgagee;
``(II) may compare the mortgagee
with such other mortgagees based on
underwriting quality, geographic area
served, or any commonly used factors
the Secretary determines necessary for
comparing mortgage default risk,
provided that the comparison is of
factors that the Secretary would expect
to affect the default risk of mortgage
loans guaranteed by the Secretary;
``(III) shall implement such
comparisons by regulation, notice, or
Dear Lender Letter; and
``(IV) may terminate the approval
of a mortgagee to originate,
underwrite, or service loan guarantees
for housing under this section if the
Secretary determines that the mortgage
loans originated, underwritten, or
serviced by the mortgagee present an
unacceptable risk to the Indian Housing
Loan Guarantee Fund established under
clause (i)--
``(aa) based on a
comparison of any of the
factors set forth in this
subparagraph; or
``(bb) by a determination
that the mortgagee engaged in
fraud or misrepresentation.'';
and
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (h)(1)(B), the term of
the loan shall not exceed 40 years'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Before'' and inserting
the following:
``(A) In general.--Except as provided in
subparagraph (B), before''; and
(ii) by adding at the end the following:
``(B) Exception.--Subparagraph (A) shall not apply
when the Secretary exercises their discretion to
delegate direct guarantee endorsement authority to
eligible lenders under subsection (b)(4)(B)(i).'';
(B) in paragraph (2)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the Secretary''; and
(ii) by adding at the end the following:
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority to eligible lenders under subsection
(b)(4)(B)(i)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement
lender may issue a certificate under this
paragraph as evidence of the guarantee in
accordance with requirements established by the
Secretary.''; and
(C) in paragraph (3), by inserting ``, or where
applicable, the direct guarantee endorsement lender,''
after ``Secretary'' in each place that term appears;
and
(4) in subsection (l)--
(A) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
``(8) The term `tribally designated housing entity' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2026 through 2032.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2026 through 2032''.
SEC. 17. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who are
eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in the
State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) by redesignating clause (iv) as
clause (v); and
(II) by adding after clause (iii)
the following:
``(iv) Any other lender that is supervised,
approved, regulated, or insured by any agency
of the Federal Government, including any entity
certified as a community development financial
institution by the Community Development
Financial Institutions Fund established under
section 104(a) of the Riegle Community
Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4703(a)).''; and
(ii) by adding at the end the following:
``(C) Direct guarantee endorsement and
indemnification.--
``(i) In general.--If the Secretary
determines that a loan guaranteed under this
section was not originated in accordance with
the requirements established by the Secretary,
the Secretary may require the lender approved
under this paragraph to indemnify the Secretary
for the loss or potential loss, irrespective of
whether the violation caused or will cause the
loan default.
``(ii) Direct guarantee endorsement.--The
Secretary may, dependent on the availability of
systems development and staffing resources,
delegate to eligible lenders the authority to
directly endorse loans under this section.
``(iii) Fraud or misrepresentation.--If
fraud or misrepresentation is involved in a
loan guaranteed under this section, the
Secretary may require the originating lender
approved under this subparagraph to indemnify
the Secretary for the loss regardless of
whether there was a payment made by the
Secretary under the guarantee.
``(iv) Implementation.--The Secretary may
implement any requirements described in this
subparagraph by regulation, notice, or Dear
Lender Letter.
``(v) Review of lenders.--
``(I) In general.--The Secretary
may periodically review the lenders
originating, underwriting, or servicing
single family mortgage loans under this
section.
``(II) Requirements.--In conducting
a review under paragraph (1), the
Secretary--
``(aa) shall compare the
lender with other lenders
originating or underwriting
loan guarantees for Indian
housing and Native Hawaiian
housing based on the rates of
defaults and claims for
guaranteed loans originated,
underwritten, or serviced by
that lender; and
``(bb) may compare the
lender with such other lenders
based on underwriting quality,
geographic area served, or any
commonly used factors the
Secretary determines necessary
for comparing mortgage default
risk, provided that the
comparison is of factors that
the Secretary would expect to
affect the default risk of
mortgage loans guaranteed by
the Secretary.''; and
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (i)(1)(B), the term of
the loan shall not exceed 40 years'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``Before'' and inserting ``Except as provided
in subsection (C), before'';
(ii) in subparagraph (B), by striking
``If'' and inserting ``Except as provided under
subparagraph (C), before''; and
(iii) by adding at the end the following:
``(C) Exception.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority pursuant to subsection (c)(4)(C)(ii),
subparagraphs (A) and (B) of this paragraph shall not
apply.'';
(B) by amending paragraph (2) to read as follows:
``(2) Standard for approval.--
``(A) Approval.--Except as provided in subparagraph
(B), the Secretary may approve a loan for guarantee
under this section and issue a certificate under this
subsection only if the Secretary determines that there
is a reasonable prospect of repayment of the loan.
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority pursuant to subsection (c)(4)(C)(ii)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement
lender may issue a certificate under this
paragraph as evidence of the guarantee in
accordance with requirements prescribed by the
Secretary.''; and
(C) in paragraph (3)(A), by inserting ``or, where
applicable, the direct guarantee endorsement lender,''
after ``Secretary''; and
(4) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2026 through 2032.''.
SEC. 18. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(E) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given those terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) Tribal organization.--The
term `Tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary may not use less than 5 percent of
the amounts made available for rental
assistance under this paragraph to carry out a
rental assistance and supported housing
program, to be known as the `Tribal HUD-VASH
program', in conjunction with the Secretary of
Veterans Affairs, by awarding grants for the
benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
Tribes, eligible recipients,
and any other appropriate
Tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
Tribes, eligible recipients,
and any other appropriate
Tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded
under the Program shall be administered in
accordance with the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.), except that
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate Tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made
available for tenant-based rental
assistance under this subsection and
without regard to the amounts used for
new grants under clause (ii), such
amounts as may be necessary to award
renewal grants to eligible recipients
that received a grant under the Program
in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--Not later than 1 year
after the date of enactment of this
subparagraph, and every 5 years thereafter, the
Secretary, in coordination with the Secretary
of Veterans Affairs and the Director of the
Indian Health Service, shall--
``(I) conduct a review of the
implementation of the Program,
including any factors that may have
limited its success; and
``(II) submit a report describing
the results of the review under item
(aa) to--
``(aa) the Committee on
Indian Affairs, the Committee
on Banking, Housing, and Urban
Affairs, the Committee on
Veterans' Affairs, and the
Committee on Appropriations of
the Senate; and
``(bb) the Subcommittee on
Indian and Insular Affairs of
the Committee on Natural
Resources, the Committee on
Financial Services, the
Committee on Veterans' Affairs,
and the Committee on
Appropriations of the House of
Representatives.
``(xi) Impact on formula current assisted
stock.--For a given fiscal year's allocation
formula of the Native American Housing Block
Grants program, as authorized under title I of
the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), the number of qualifying low-income
housing dwelling units under section 302(b)(1)
of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C.
4152(b)(1)) may not be reduced due to the
placement of an eligible Indian veteran
assisted with amounts provided under the
Program within such qualifying units.''.
SEC. 19. CONTINUUM OF CARE.
Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.) is amended--
(1) in section 401 (42 U.S.C. 11360)--
(A) by redesignating paragraphs (32) through (35)
as paragraphs (33) through (36), respectively; and
(B) by inserting after paragraph (31) the
following:
``(32) Tribally designated housing entity.--The term
`tribally designated housing entity' has the meaning given the
term in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103).'';
(2) in section 423(g) (42 U.S.C. 11383(g)), by inserting
``Indian Tribe, tribally designated housing entity,'' after
``private nonprofit organization,''; and
(3) in section 435 (42 U.S.C. 11389)--
(A) by striking ``(as defined in section 4 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103))'';
(B) by striking ``Notwithstanding'' and inserting
the following:
``(a) Eligible Entities.--Notwithstanding''; and
(C) by adding at the end the following:
``(b) Civil Rights Exemptions.--With respect to grants awarded to
carry out eligible activities under this subtitle, title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of
the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply
to applications or awards for projects to be carried out--
``(1) on or off reservation or trust lands for awards made
to Indian Tribes or tribally designated housing entities;
``(2) on reservation or trust lands for awards made to
eligible entities; or
``(3) with respect to a project in which amounts provided
under this Act will be used specifically to benefit Tribal
communities or Tribal members, in formula areas (as such term
is defined in section 1000.302 of title 24, Code of Federal
Regulations, or any successor regulation) for the Indian
Housing Block Grant.
``(c) Certification.--Notwithstanding section 106 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section
403 of this Act, with respect to applications for projects to be
carried out on reservations or trust land using grants awarded under
this subtitle--
``(1) the applications shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance and
Self-Determination Act (25 U.S.C. 4112); and
``(2) Indian Tribes and tribally designated housing
entities that are recipients of awards for projects on
reservations or trust land from such funds shall certify that
they are following an approved housing plan developed under
section 102 of the Native American Housing Assistance and Self-
Determination Act (25 U.S.C. 4112).
``(d) Consolidated Plan Exemption.--A collaborative applicant for a
Continuum of Care whose geographic area includes only reservation or
trust land is not required to meet the requirement described in section
402(f)(2).
``(e) Waiver Authority for Tribal Participation.--In administering
the amounts made available under this Act, the Secretary may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these
amounts (except for requirements related to labor standards and the
environment), if the Secretary finds that good cause exists for the
waiver or alternative requirement and such waiver or alternative
requirement is necessary to modify any requirements preventing the
participation of Indian Tribes or tribally designated housing entity in
the Continuum of Care Program, or would expedite or facilitate the use
of funds.''.
SEC. 20. STREAMLINING REPORTING REQUIREMENTS.
Section 404 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4164) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Consolidated Reporting.--Notwithstanding any other provision
of law, the Secretary shall develop policies and procedures that
authorize interested Indian Tribes and tribally designated housing
entities receiving grant amounts under this Act to submit to the
Secretary, at their discretion, one consolidated annual performance
report covering all grants the Indian Tribe or tribally designated
housing entity receives from other grant programs administered by the
Secretary.''.
SEC. 21. APPLICATION OF BUILD AMERICA, BUY AMERICA REQUIREMENTS.
The requirements under the Build America, Buy America Act (41
U.S.C. 8301 note) and any implementing regulations or guidance shall
not apply to any housing activities carried out using any Federal
financial assistance provided to Indian tribes, tribally designated
housing entities, tribal organizations, and other Tribal entities
(including the Department of Hawaiian Home Lands) under any Federal
program.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Topics
Government Operations
Sponsors
- Rep. Downing, Troy [R-MT-2]RHouseMT
Cosponsors
- Rep. Bacon, Don [R-NE-2]
- Rep. Barr, Andy [R-KY-6]
- Rep. Bentz, Cliff [R-OR-2]
- Rep. Bice, Stephanie I. [R-OK-5]
- Rep. Bynum, Janelle S. [D-OR-5]
- Rep. Case, Ed [D-HI-1]
- Rep. Cole, Tom [R-OK-4]
- Rep. Craig, Angie [D-MN-2]
- Rep. Davids, Sharice [D-KS-3]
- Rep. Davidson, Warren [R-OH-8]
- Rep. Davis, Donald G. [D-NC-1]
- Rep. De La Cruz, Monica [R-TX-15]
- Rep. Fedorchak, Julie [R-ND-At Large]
- Rep. Fleischmann, Charles J. "Chuck" [R-TN-3]
- Rep. Flood, Mike [R-NE-1]
- Rep. Garbarino, Andrew R. [R-NY-2]
- Rep. Gonzalez, Vicente [D-TX-34]
- Rep. Grijalva, Adelita S. [D-AZ-7]
- Rep. Haridopolos, Mike [R-FL-8]
- Rep. Hayes, Jahana [D-CT-5]
- Rep. Huizenga, Bill [R-MI-4]
- Rep. Hurd, Jeff [R-CO-3]
- Rep. Johnson, Dusty [R-SD-At Large]
- Rep. Keating, William R. [D-MA-9]
- Rep. Larsen, Rick [D-WA-2]
- Rep. Lawler, Michael [R-NY-17]
- Rep. Leger Fernandez, Teresa [D-NM-3]
- Rep. Liccardo, Sam T. [D-CA-16]
- Rep. Loudermilk, Barry [R-GA-11]
- Rep. Lucas, Frank D. [R-OK-3]
- Rep. Meuser, Daniel [R-PA-9]
- Rep. Moore, Gwen [D-WI-4]
- Rep. Moore, Tim [R-NC-14]
- Rep. Nunn, Zachary [R-IA-3]
- Rep. Pingree, Chellie [D-ME-1]
- Rep. Ruiz, Raul [D-CA-25]
- Rep. Simpson, Michael K. [R-ID-2]
- Rep. Stansbury, Melanie A. [D-NM-1]
- Rep. Stanton, Greg [D-AZ-4]
- Rep. Steil, Bryan [R-WI-1]
- Rep. Stutzman, Marlin A. [R-IN-3]
- Rep. Timmons, William R. [R-SC-4]
- Rep. Tokuda, Jill N. [D-HI-2]
- Rep. Tran, Derek [D-CA-45]
- Rep. Vasquez, Gabe [D-NM-2]
- Rep. Wagner, Ann [R-MO-2]
- Rep. Wittman, Robert J. [R-VA-1]
- Rep. Zinke, Ryan K. [R-MT-1]
Votes
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