,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hjib ,,in ,,the ,,house ,,of ,,representatives ,march #bf1 #bjbf,mr4 ,downing 7for himself1 ,ms4 ,bynum1 ,mr4 ,cole1 ,mr4 ,lucas1 ,mr4 ,huizenga1 ,mrs4 ,wagner1 ,mr4 ,meuser1 ,mr4 ,haridopolos1 ,mr4 ,lawler1 ,ms4 ,de ,la ,cruz1 ,mr4 ,barr1 ,mr4 ,steil1 ,mr4 ,davidson1 ,mr4 ,stutzman1 ,mr4 ,loudermilk1 ,mr4 ,zinke1 ,mr4 ,bacon1 ,mr4 ,fleischmann1 ,mr4 ,johnson of ,south ,dakota1 ,mrs4 ,fedorchak1 ,mr4 ,simpson1 ,mr4 ,liccardo1 ,ms4 ,moore of ,wisconsin1 ,ms4 ,davids of ,kansas1 ,ms4 ,craig1 ,mr4 ,davis of ,north ,carolina1 ,mr4 ,vasquez1 ,mr4 ,larsen of ,washington1 ,mr4 ,stanton1 ,mr4 ,keating1 ,ms4 ,leger ,fernandez1 ,ms4 ,pingree1 ,ms4 ,stansbury1 ,mr4 ,bentz1 and ,mr4 ,nunn of ,iowa7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to reauthorize the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif1 and for other purposes4 #a4 ,short title2 ,table of contents 7a7 ,short title ,this ,act may be cited as the ,native ,american ,housing ,assistance and ,self-,determination ,modernization ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 ,table of contents4,sec4 #b4 ,consolidation of environmental review requirements4,sec4 #c4 ,authorization of appropriations4,sec4 #d4 ,student housing assistance4,sec4 #e4 ,clarification of application of rent rule only to units owned or operated by ,indian ,tribe or tribally designated housing entity4,sec4 #f4 ,deadline for action on request for approval regarding exceeding ,,tdc maximum cost for project4,sec4 #g4 ,homeownership or lease-to-own low-income requirement and income targeting4,sec4 #h4 ,lease requirements and tenant selection4,sec4 #i4 ,statutory authority to suspend grant funds in emergencies4,sec4 #aj4 ,reports to ,congress4,sec4 #aa4 #ii-year leasehold interest in trust or restricted lands for housing purposes4,sec4 #ab4 ,reauthorization of housing assistance for ,native ,hawaiians4,sec4 #ac4 ,community-based development organizations and special activities by ,indian ,tribes4,sec4 #ad4 ,housing counseling certification waiver4,sec4 #ae4 ,eligibility for housing counseling grants4,sec4 #af4 ,section #ahd ,indian home loan guarantee program4,sec4 #ag4 ,loan guarantees for ,native ,hawaiian housing4,sec4 #ah4 ,rental assistance for homeless or at-risk ,indian veterans4,sec4 #ai4 ,continuum of care4,sec4 #bj4 ,streamlining reporting requirements4,sec4 #ba4 ,application of ,build ,america1 ,buy ,america requirements4 #b4 ,consolidation of environmental review requirements ,section #aje of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daae7 is amended-- 7#a7 in subsection 7c77#b7 by adding after other officer of the ,tribe the following3 1 or a tribally designated housing entity official designated by the ,tribe12 7#b7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively2 7,b7 by striking ,the ,secretary may and inserting the following3 7#a7 ,in general ,the ,secretary shall 2 and 7,c7 by adding at the end the following3 7#b7 ,waiver request ,the ,secretary shall act upon a waiver request submitted under this subsection within #fj days after receipt of such request4 2 and 7#c7 by adding at the end the following new subsections3 7e7 ,consolidation of environmental review requirements ,for assistance provided under this ,act1 including under title ,,viii of this ,act1 and grants to ,indian ,tribes issued under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq471 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 #hjf of this ,act1 title ,i of the ,housing and ,community ,development ,act of #aigd1 and the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 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 project1 if-- 7#a7 a recipient is using #a 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 #aigd2 7#b7 such other sources of ,federal funds do not exceed #di percent of the ,federal share of the project cost2 and 7#c7 the recipient's ,indian ,tribe or the ,director of the ,department of ,hawaiian ,home ,lands has assumed all of the responsibilities for environmental review1 decision-making1 and action pursuant to this section1 section #hjf of this ,act1 or title ,i of the ,housing and ,community ,development ,act of #aigd4 7f7 ,environmental streamlining ,for activities assisted under this ,act1 including title ,,viii of this ,act1 or assisted with a grant to an ,indian ,tribe under title ,i of the ,housing and ,community ,development ,act 7#db ,u4,s4,c4 #ecja et seq471 each of the following apply3 7#a7 ,general exemption ,notwithstanding any other provision of law1 activities are exempt from any environmental review requirements where-- 7,a7 similar statutory exemptions apply to comparable activities of other ,federal agencies2 7,b7 the activity is an affordable housing activity having a total cost of not more than #bej1jjj2 7,c7 the activity is acquisition of property1 including long-term equipment1 funded using non-,federal sources2 or 7,d7 the activity involves the rehabilitation of a structure and-- 7i7 the cost of the rehabilitation is less than fifty percent of the market value of the structure before rehabilitation2 and 7ii7 the rehabilitation involves no ground disturbance1 footprint change1 or historic structure4 7#b7 ,radon exemption ,notwithstanding any other provision of law1 the ,secretary may not require recipients 7including the ,director under title ,,viii of this ,act7 and ,indian ,tribes to consider or test for radon in the environmental review4 ,nothing in this provision shall be construed to limit the authority of a recipient 7including the ,director under title ,,viii of this ,act7 and an ,indian ,tribe to consider1 test for1 and mitigate radon4 7#c7 ,lead testing 7,a7 ,testing ,lead paint testing of target housing that is in a remote area1 and that is being rehabilitated1 renovated1 repaired1 or painted in a manner that will repair or disturb building components that are painted or coated1 must be conducted via-- 7i7 paint chip testing1 lead-based paint inspection1 visual assessment for deteriorated paint1 or a lead risk assessment for lead-based paint hazards1 as applicable in accordance with section #ajab of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib2 or 7ii7 visual assessment for deteriorated paint and use of ,,epa-recognized lead test kits in accordance with sections #djb or #djd1 as applicable1 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfhb1 #bfhd7 on each building component that is painted or coated and is to be disturbed4 7,b7 ,definitions ,in this paragraph3 7i7 ,remote area ,the term ,remote ,area means as the area of a ,united ,states ,postal ,service ,,zip ,code that has a level #a ,frontier and ,remote ,area code as most recently posted on the website of the ,department of ,agriculture4 7ii7 ,target housing ,the term ,target ,housing has the meaning given the term in section #ajjd7bg7 of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dhea;b7#bg77 assisted under the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif4 7#d7 ,siting of hud projects near explosive and flammable hazards 7,a7 ,in general ,recipients carrying out activities under this ,act 7including the ,director under title ,,viii of this ,act7 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-- 7i7 has a capacity of #a1cbj gallons or less2 7ii7 is intended to contain common liquid fuels such as gasoline1 fuel oil1 kerosene1 diesel1 liquified petroleum gas 7propane71 or crude oil2 7iii7 is sited on land or property that contains a one- to four-family dwelling2 7iv7 is intended to be used solely by residents of such dwelling2 and 7v7 is intended to be used by residents of such dwelling exclusively for non-commercial1 non-industrial purposes4 7,b7 ,rule of construction ,nothing in this provision shall be construed to limit the authority of a recipient 7including the ,director under title ,,viii of this ,act7 or an ,indian ,tribe to consider acceptable separation distance or implement mitigation measures4 7,c7 ,application ,the ,secretary's acceptable separation distance requirements between a residential structure assisted with funds under this ,act 7or assisted with funds under a grant to an ,indian ,tribe under title #a of the ,housing and ,community ,development ,act7 and an above-ground storage tank used to store hazardous substances as defined in subpart ,c of part #ea of title #bd1 ,code of ,federal ,regulations1 or successor regulation1 including mitigation measures1 do not apply if the ,indian ,tribe or recipient 7including the ,director under title ,,viii of this ,act7 determines that-- 7i7 inapplicability of the requirements is necessary to address the housing needs of the ,indian ,tribe or recipient 7including the ,director under title ,,viii of this ,act72 7ii7 the use of an alternative standard1 or the absence of a standard1 does not present an unacceptable risk to the health or safety of residents2 and 7iii7 the ,indian ,tribe or recipient 7including the ,director under title ,,viii of this ,act7 has provided notice and an opportunity for comment to residents of the affected area regarding the inapplicability of the requirements1 and has developed a safety and response plan4 7#e7 ,streamlining wetland requirements ,the ,secretary may not apply additional requirements involving protection of wetlands in instances where an affected wetland requires a ,u4,s4 ,army ,corps of ,engineers ,general1 ,regional1 or individual permit and the ,indian ,tribe or recipient 7including the ,director under title ,,viii of this ,act7 complies with permit conditions4 4 #c4 ,authorization of appropriations ,section #ajh of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daag7 is amended1 in the first sentence1 by striking #bjji through #bjac and inserting #bjbf through #bjcb4 #d4 ,student housing assistance ,section #bjb7c7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dacb7c77 is amended by inserting including college housing assistance1 after self-sufficiency and other services14 #e4 ,clarification of application of rent rule only to units owned or operated by ,indian ,tribe or tribally designated housing entity ,section #bjc7;a7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dacc7;a77 is amended-- 7#a7 in paragraph 7#b71 by inserting owned or operated by a recipient and after residing in a dwelling unit2 and 7#b7 by adding at the end the following3 7#c7 ,self-determination ,notwithstanding paragraph 7#b71 recipients may establish their own policies governing maximum and minimum rents and homebuyer payments for dwelling units assisted under this ,act1 provided such policies are written and made publicly available4 4 #f4 ,deadline for action on request for approval regarding exceeding tdc maximum cost for project 7a7 ,approval ,section #ajc of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daac7 is amended by adding at the end the following new subsection3 7f7 ,deadline for action on request ,to exceed ,,tdc maximum 7#a7 ,deadline ,a request for approval by the ,secretary to exceed by more than #aj percent the total development cost maximum cost for a project shall be approved or denied during the #fj-;day period that begins on the date that the ,secretary receives the request4 7#b7 ,no response by ,secretary ,if the ,secretary does not respond to a request in the #fj-;day period described in paragraph 7#a71 the request shall be deemed approved4 4 7b7 ,definition ,section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7 is amended-- 7#a7 by redesignating paragraph 7#bb7 as paragraph 7#bc72 and 7#b7 by inserting after paragraph 7#ba7 the following new paragraph3 7#bb7 ,total development cost ,the term total development cost means1 with respect to a housing project1 the sum of all costs for the project1 including all undertakings necessary for administration1 planning1 site acquisition1 demolition1 construction or equipment and financing 7including payment of carrying charges71 and for otherwise carrying out the development of the project1 excluding off-site water and sewer4 ,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 indices4 4 #g4 ,homeownership or lease-to-own low-income requirement and income targeting ,section #bje of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dace7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 and 7,b7 by adding at the end the following3 7,e7 notwithstanding any other provision of this paragraph1 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-- 7i7 that the current rental family can purchase through a contract of sale1 lease-purchase agreement1 or any other sales agreement2 and 7ii7 the housing is made available for purchase only by the current rental family1 if the rental family was a low-income family at the time of their initial occupancy of such unit2 and 2 and 7#b7 in subsection 7c7-- 7,a7 by striking ,the provisions and inserting the following3 7#a7 ,in general ,the provisions 2 and 7,b7 by adding at the end the following3 7#b7 ,applicability to improvements ,the provisions of subsection 7a77#b7 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 #aj percent of the maximum total development cost for the home4 4 #h4 ,lease requirements and tenant selection ,section #bjg of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dacg7 is amended by adding at the end the following3 7c7 ,notice of termination ,the notice period described in subsection 7a77#c7 shall apply to projects and programs funded in part by amounts authorized under this ,act4 4 #i4 ,statutory authority to suspend grant funds in emergencies ,section #dja7;a77#d7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dafa7;a77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking may take an action described in paragraph 7#a77;,c7 and inserting may immediately take an action described in paragraph 7#a77;,c72 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,procedural requirements 7i7 ,in general ,if the ,secretary takes an action described in subparagraph 7,a71 the ,secretary shall provide notice to the recipient at the time that the ,secretary takes that action4 7ii7 ,notice requirements ,the notice under clause 7i7 shall inform the recipient that the recipient may request a hearing by not later than #cj days after the date on which the ,secretary provides the notice4 7iii7 ,hearing requirements ,a hearing requested under clause 7ii7 shall be conducted-- 7,i7 in accordance with subpart ,a of part #bf of title #bd1 ,code of ,federal ,regulations 7or successor regulations72 and 7,,ii7 to the maximum extent practicable1 on an expedited basis4 7iv7 ,failure to conduct a hearing ,if a hearing requested under clause 7ii7 is not completed by the date that is #ahj days after the date on which the recipient requests the hearing1 the action of the ,secretary to limit the availability of payments shall no longer be effective4 4 #aj4 ,reports to ,congress ,section #djg of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dafg7 is amended-- 7#a7 in subsection 7a71 by striking ,congress and inserting ,committee on ,indian ,affairs and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7#b7 by adding at the end the following3 7c7 ,public availability ,the report described in subsection 7a7 shall be made publicly available1 including to recipients4 4 #aa4 #ii-year leasehold interest in trust or restricted lands for housing purposes ,section #gjb of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbaa7 is amended-- 7#a7 in the section heading1 by striking #ej-,,year and inserting #ii-,,year2 7#b7 in subsection 7b71 by striking #ej years and inserting #ii years2 and 7#c7 in subsection 7c77#b71 by striking #ej years and inserting #ii years4 #ab4 ,reauthorization of housing assistance for ,native ,hawaiians ,section #hbd of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbdc7 is amended by striking for each of fiscal years #bjja1 #bjjb1 #bjjc1 #bjjd1 and #bjje and inserting each of fiscal years #bjbf through #bjcb44 #ac4 ,community-based development organizations and special activities by ,indian ,tribes ,section #aje of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje7 is amended by adding at the end the following3 7i7 ,indian ,tribes1 tribally designated housing entities1 and ,tribal organizations as community-,based development organizations 7#a7 ,definitions ,in this subsection3 7,a7 ,tribally designated housing entity ,the term tribally designated housing entity has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7,b7 ,tribal organization ,the term ,tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,qualification ,an ,indian ,tribe1 a tribally designated housing entity1 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 #ajf7;a77#a74 7j7 ,special activities by ,indian ,tribes ,an ,indian ,tribe 7or a ,tribal organization or ,tribally designated housing entity designated by such ,indian ,tribe7 receiving a grant under section #ajf7;a77#a7 shall be authorized to directly carry out activities described in subsection 7a77#ae74 4 #ad4 ,housing counseling certification waiver ,subtitle ,a of title ,,ii of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daca et seq47 is amended by adding at the end the following new section3 #baa4 ,housing counseling certification waiver ,notwithstanding section #ajf7;g77#a7 of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjax7g77#a771 ,indian ,tribes1 ,tribal organizations1 tribally designated housing entities and the ,department of ,hawaiian ,homelands carrying out homeownership counseling or rental housing counseling under section #aje7;a77#bj7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje7;a77#bj77 and sections #bjb7c7 and #haj7;b77#b77;,a7 of the ,native ,american ,housing and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dacb7c71 #dbbi7;b77#b77;,a771 may not be required to comply with any housing counseling certification requirements established by the ,secretary4 ,nothing in this provision shall be construed as limiting such recipients' ability to obtain a housing counseling certification from the ,secretary4 4 #ae4 ,eligibility for housing counseling grants ,section #ajf7;a77#d7 of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjax7a77#d77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking and and inserting a comma2 and 7,b7 by inserting before the period at the end the following3 1 ,indian ,tribes1 and tribally designated housing entities2 7#b7 in subparagraph 7,b71 by inserting 1 ,indian ,tribes1 and tribally designated housing entities after organizations72 7#c7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7#d7 by inserting after subparagraph 7,e7 the following3 7,f7 ,definitions ,in this paragraph1 the terms ,indian ,tribe and tribally designated housing entity have the meanings given those terms in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 4 #af4 ,section #ahd ,indian home loan guarantee program 7a7 ,in general ,section #ahd of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,authority ,to provide access to sources of private financing to ,indian families1 ,indian housing authorities1 and ,indian ,tribes1 who otherwise could not acquire housing financing because of the unique legal status of ,indian lands and the unique nature of ,tribal economies1 and to expand homeownership opportunities to ,indian families1 tribally designated housing entities1 ,indian housing authorities and ,indian ,tribes on fee simple lands1 the ,secretary may guarantee not to exceed #ajj percent of the unpaid principal and interest due on any loan eligible under subsection 7b7 made to an ,indian family1 tribally designated housing entities1 ,indian housing authority1 or ,indian ,tribe on trust land and fee simple land4 2 7#b7 in subsection 7b7-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,eligible housing ,the loan shall be used to construct1 acquire1 refinance1 or rehabilitate #a- to #d-;family dwellings that are standard housing4 2 7,b7 in paragraph 7#d7-- 7i7 by redesignating subparagraphs 7,a7 through 7,d7 as clauses 7i7 through 7iv71 respectively1 and adjusting the margins accordingly2 7ii7 by striking ,the loan and inserting the following3 7,a7 ,in general ,the loan 2 7iii7 in subparagraph 7,a71 as so redesignated1 by adding at the end the following3 7v7 ,any entity certified as a community development financial institution by the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a774 2 and 7iv7 by adding at the end the following3 7,b7 ,direct guarantee process 7i7 ,authorization ,the ,secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section4 7ii7 ,indemnification 7,i7 ,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 ,secretary1 the ,secretary may require the lender approved under this subparagraph to indemnify the ,secretary for the loss1 irrespective of whether the violation caused the mortgage default4 7,,ii7 ,fraud or misrepresentation ,if fraud or misrepresentation is involved in a direct guarantee process under this subparagraph1 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 paid4 7,,iii7 ,implementation ,the ,secretary may implement any requirement described in this subparagraph by regulation1 notice or ,dear ,lender ,letter4 7,c7 ,review of mortgagees 7i7 ,in general ,the ,secretary may periodically review the mortgagees originating1 underwriting1 or servicing single family mortgage loans under this section4 7ii7 ,requirements ,in conducting a review under clause 7i71 the ,secretary-- 7,i7 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 originated1 underwritten1 or serviced by that mortgagee2 7,,ii7 may compare the mortgagee with such other mortgagees based on underwriting quality1 geographic area served1 or any commonly used factors the ,secretary determines necessary for comparing mortgage default risk1 provided that the comparison is of factors that the ,secretary would expect to affect the default risk of mortgage loans guaranteed by the ,secretary2 7,,iii7 shall implement such comparisons by regulation1 notice1 or ,dear ,lender ,letter2 and 7,,iv7 may terminate the approval of a mortgagee to originate1 underwrite1 or service loan guarantees for housing under this section if the ,secretary determines that the mortgage loans originated1 underwritten1 or serviced by the mortgagee present an unacceptable risk to the ,indian ,housing ,loan ,guarantee ,fund established under clause 7i7-- 7aa7 based on a comparison of any of the factors set forth in this subparagraph2 or 7bb7 by a determination that the mortgagee engaged in fraud or misrepresentation4 2 and 7,c7 in paragraph 7#e77;,a71 by inserting before the semicolon at the end the following3 except1 as determined by the ,secretary1 when there is a loan modification under subsection 7h77#a77;,b71 the term of the loan shall not exceed #dj years2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,before and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 before 2 and 7ii7 by adding at the end the following3 7,b7 ,exception ,subparagraph 7,a7 shall not apply when the ,secretary exercises their discretion to delegate direct guarantee endorsement authority to eligible lenders under subsection 7b77#d77;,b77i74 2 7,b7 in paragraph 7#b7-- 7i7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary 2 and 7ii7 by adding at the end the following3 7,b7 ,exceptions ,when the ,secretary exercises its discretion to delegate direct guarantee endorsement authority to eligible lenders under subsection 7b77#d77;,b77i7-- 7i7 subparagraph 7,a7 shall not apply2 and 7ii7 the direct guarantee endorsement lender may issue a certificate under this paragraph as evidence of the guarantee in accordance with requirements established by the ,secretary4 2 and 7,c7 in paragraph 7#c71 by inserting 1 or where applicable1 the direct guarantee endorsement lender1 after ,secretary in each place that term appears2 and 7#d7 in subsection 7l7-- 7,a7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#i7 and 7#aj71 respectively2 and 7,b7 by inserting after paragraph 7#g7 the following3 7#h7 ,the term tribally designated housing entity has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 4 7b7 ,loan guarantees for ,indian housing ,section #ahd7;i77#e7 of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a7i77#e77 is amended-- 7#a7 in subparagraph 7,b71 by inserting after the first sentence the following3 ,there are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years #bjbf through #bjcb42 and 7#b7 in subparagraph 7,c71 by striking #bjjh through #bjab and inserting #bjbf through #bjcb4 #ag4 ,loan guarantees for ,native ,hawaiian housing ,section #ahd;,a of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;b7 is amended-- 7#a7 in subsection 7b71 by inserting 1 and to expand homeownership opportunities to ,native ,hawaiian families who are eligible to receive a homestead under the ,hawaiian ,homes ,commission ,act1 #aibj 7#db ,stat4 #ajh7 on fee simple lands in the ,state of ,hawaii after markets2 7#b7 in subsection 7c7-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,eligible housing ,the loan shall be used to construct1 acquire1 refinance1 or rehabilitate #a- to #d-;family dwellings that are standard housing4 2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,b7-- 7,i7 by redesignating clause 7iv7 as clause 7v72 and 7,,ii7 by adding after clause 7iii7 the following3 7iv7 ,any other lender that is supervised1 approved1 regulated1 or insured by any agency of the ,federal ,government1 including any entity certified as a community development financial institution by the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a774 2 and 7ii7 by adding at the end the following3 7,c7 ,direct guarantee endorsement and indemnification 7i7 ,in general ,if the ,secretary determines that a loan guaranteed under this section was not originated in accordance with the requirements established by the ,secretary1 the ,secretary may require the lender approved under this paragraph to indemnify the ,secretary for the loss or potential loss1 irrespective of whether the violation caused or will cause the loan default4 7ii7 ,direct guarantee endorsement ,the ,secretary may1 dependent on the availability of systems development and staffing resources1 delegate to eligible lenders the authority to directly endorse loans under this section4 7iii7 ,fraud or misrepresentation ,if fraud or misrepresentation is involved in a loan guaranteed under this section1 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 guarantee4 7iv7 ,implementation ,the ,secretary may implement any requirements described in this subparagraph by regulation1 notice1 or ,dear ,lender ,letter4 7v7 ,review of lenders 7,i7 ,in general ,the ,secretary may periodically review the lenders originating1 underwriting1 or servicing single family mortgage loans under this section4 7,,ii7 ,requirements ,in conducting a review under paragraph 7#a71 the ,secretary-- 7aa7 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 originated1 underwritten1 or serviced by that lender2 and 7bb7 may compare the lender with such other lenders based on underwriting quality1 geographic area served1 or any commonly used factors the ,secretary determines necessary for comparing mortgage default risk1 provided that the comparison is of factors that the ,secretary would expect to affect the default risk of mortgage loans guaranteed by the ,secretary4 2 and 7,c7 in paragraph 7#e77;,a71 by inserting before the semicolon at the end the following3 except1 as determined by the ,secretary1 when there is a loan modification under subsection 7i77#a77;,b71 the term of the loan shall not exceed #dj years2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking ,before and inserting ,except as provided in subsection 7,c71 before2 7ii7 in subparagraph 7,b71 by striking ,if and inserting ,except as provided under subparagraph 7,c71 before2 and 7iii7 by adding at the end the following3 7,c7 ,exception ,when the ,secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection 7c77#d77;,c77ii71 subparagraphs 7,a7 and 7,b7 of this paragraph shall not apply4 2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,standard for approval 7,a7 ,approval ,except as provided in subparagraph 7,b71 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 loan4 7,b7 ,exceptions ,when the ,secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection 7c77#d77;,c77ii7-- 7i7 subparagraph 7,a7 shall not apply2 and 7ii7 the direct guarantee endorsement lender may issue a certificate under this paragraph as evidence of the guarantee in accordance with requirements prescribed by the ,secretary4 2 and 7,c7 in paragraph 7#c77;,a71 by inserting or1 where applicable1 the direct guarantee endorsement lender1 after ,secretary2 and 7#d7 in subsection 7j77#e77;,b71 by inserting after the first sentence the following3 ,there are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years #bjbf through #bjcb44 #ah4 ,rental assistance for homeless or at-risk indian veterans ,section #h7o77#ai7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ai77 is amended by adding at the end the following3 7,e7 ,indian veterans housing rental assistance program 7i7 ,definitions ,in this subparagraph3 7,i7 ,eligible ,indian veteran ,the term eligible ,indian veteran means an ,indian veteran who is-- 7aa7 homeless or at risk of homelessness2 and 7bb7 living-- 7,,aa7 on or near a reservation2 or 7,,bb7 in or near any other ,indian area4 7,,ii7 ,eligible recipient ,the term eligible recipient means a recipient eligible to receive a grant under section #aja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daaa74 7,,iii7 ,indian2 ,indian area ,the terms ,indian and ,indian area have the meanings given those terms in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7,,iv7 ,indian veteran ,the term ,indian veteran means an ,indian who is a veteran4 7,v7 ,program ,the term ,program means the ,tribal ,,hud-,,vash program carried out under clause 7ii74 7,,vi7 ,tribal organization ,the term ,tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7ii7 ,program specifications ,the ,secretary may not use less than #e percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program1 to be known as the ,tribal ,,hud-,,vash program1 in conjunction with the ,secretary of ,veterans ,affairs1 by awarding grants for the benefit of eligible ,indian veterans4 7iii7 ,model 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,secretary shall model the ,program on the rental assistance and supported housing program authorized under subparagraph 7,a7 and applicable appropriations ,acts1 including administration in conjunction with the ,secretary of ,veterans ,affairs4 7,,ii7 ,exceptions 7aa7 ,secretary of housing and urban development ,after consultation with ,indian ,tribes1 eligible recipients1 and any other appropriate ,tribal organizations1 the ,secretary may make necessary and appropriate modifications to facilitate the use of the ,program by eligible recipients to serve eligible ,indian veterans4 7bb7 ,secretary of veterans affairs ,after consultation with ,indian ,tribes1 eligible recipients1 and any other appropriate ,tribal organizations1 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 veterans4 7iv7 ,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 recipients4 7v7 ,funding criteria ,the ,secretary shall award grants under the ,program based on-- 7,i7 need2 7,,ii7 administrative capacity2 and 7,,iii7 any other funding criteria established by the ,secretary in a notice published in the ,federal ,register after consulting with the ,secretary of ,veterans ,affairs4 7vi7 ,administration ,grants awarded under the ,program shall be administered in accordance with the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq471 except that recipients shall-- 7,i7 submit to the ,secretary1 in a manner prescribed by the ,secretary1 reports on the utilization of rental assistance provided under the ,program2 and 7,,ii7 provide to the ,secretary information specified by the ,secretary to assess the effectiveness of the ,program in serving eligible ,indian veterans4 7vii7 ,consultation 7,i7 ,grant recipients2 ,tribal organizations ,the ,secretary1 in coordination with the ,secretary of ,veterans ,affairs1 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 ,program4 7,,ii7 ,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 ,program4 7viii7 ,waiver 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,secretary may waive or specify alternative requirements for any provision of law 7including regulations7 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 veterans4 7,,ii7 ,exception ,the ,secretary may not waive or specify alternative requirements under subclause 7,i7 for any provision of law 7including regulations7 relating to labor standards or the environment4 7ix7 ,renewal grants ,the ,secretary may-- 7,i7 set aside1 from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause 7ii71 such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the ,program in a previous year2 and 7,,ii7 specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause 7,i71 including providing data on how the eligible recipient used the amounts of any grant previously received under the ,program4 7x7 ,reporting ,not later than #a year after the date of enactment of this subparagraph1 and every #e years thereafter1 the ,secretary1 in coordination with the ,secretary of ,veterans ,affairs and the ,director of the ,indian ,health ,service1 shall-- 7,i7 conduct a review of the implementation of the ,program1 including any factors that may have limited its success2 and 7,,ii7 submit a report describing the results of the review under item 7aa7 to-- 7aa7 the ,committee on ,indian ,affairs1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,veterans' ,affairs1 and the ,committee on ,appropriations of the ,senate2 and 7bb7 the ,subcommittee on ,indian and ,insular ,affairs of the ,committee on ,natural ,resources1 the ,committee on ,financial ,services1 the ,committee on ,veterans' ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 7xi7 ,impact on formula current assisted stock ,for a given fiscal year's allocation formula of the ,native ,american ,housing ,block ,grants program1 as authorized under title ,i of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daaa et seq471 the number of qualifying low-income housing dwelling units under section #cjb7;b77#a7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daeb7;b77#a77 may not be reduced due to the placement of an eligible ,indian veteran assisted with amounts provided under the ,program within such qualifying units4 4 #ai4 ,continuum of care ,title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj et seq47 is amended-- 7#a7 in section #dja 7#db ,u4,s4,c4 #aacfj7-- 7,a7 by redesignating paragraphs 7#cb7 through 7#ce7 as paragraphs 7#cc7 through 7#cf71 respectively2 and 7,b7 by inserting after paragraph 7#ca7 the following3 7#cb7 ,tribally designated housing entity ,the term tribally designated housing entity has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 2 7#b7 in section #dbc7;g7 7#db ,u4,s4,c4 #aachc7;g771 by inserting ,indian ,tribe1 tribally designated housing entity1 after private nonprofit organization12 and 7#c7 in section #dce 7#db ,u4,s4,c4 #aachi7-- 7,a7 by striking 7as defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc772 7,b7 by striking ,notwithstanding and inserting the following3 7a7 ,eligible entities ,notwithstanding 2 and 7,c7 by adding at the end the following3 7b7 ,civil rights exemptions ,with respect to grants awarded to carry out eligible activities under this subtitle1 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 and title ,,viii of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfja et seq47 shall not apply to applications or awards for projects to be carried out-- 7#a7 on or off reservation or trust lands for awards made to ,indian ,tribes or tribally designated housing entities2 7#b7 on reservation or trust lands for awards made to eligible entities2 or 7#c7 with respect to a project in which amounts provided under this ,act will be used specifically to benefit ,tribal communities or ,tribal members1 in formula areas 7as such term is defined in section #ajjj4cjb of title #bd1 ,code of ,federal ,regulations1 or any successor regulation7 for the ,indian ,housing ,block ,grant4 7c7 ,certification ,notwithstanding section #ajf of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjf7 and section #djc of this ,act1 with respect to applications for projects to be carried out on reservations or trust land using grants awarded under this subtitle-- 7#a7 the applications shall contain a certification of consistency with an approved ,indian housing plan developed under section #ajb of the ,native ,american ,housing ,assistance and ,self-,determination ,act 7#be ,u4,s4,c4 #daab72 and 7#b7 ,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 #ajb of the ,native ,american ,housing ,assistance and ,self-,determination ,act 7#be ,u4,s4,c4 #daab74 7d7 ,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 #djb7;f77#b74 7e7 ,waiver authority for ,tribal participation ,in administering the amounts made available under this ,act1 the ,secretary may waive1 or specify alternative requirements for1 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 7except for requirements related to labor standards and the environment71 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 ,program1 or would expedite or facilitate the use of funds4 4 #bj4 ,streamlining reporting requirements ,section #djd of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dafd7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,consolidated reporting ,notwithstanding any other provision of law1 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 ,secretary1 at their discretion1 one consolidated annual performance report covering all grants the ,indian ,tribe or tribally designated housing entity receives from other grant programs administered by the ,secretary4 4 #ba4 ,application of ,build ,america1 ,buy ,america requirements ,the requirements under the ,build ,america1 ,buy ,america ,act 7#da ,u4,s4,c4 #hcja note7 and any implementing regulations or guidance shall not apply to any housing activities carried out using any ,federal financial assistance provided to ,indian tribes1 tribally designated housing entities1 tribal organizations1 and other ,tribal entities 7including the ,department of ,hawaiian ,home ,lands7 under any ,federal program4