Overview

Title

To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.

ELI5 AI

H.R. 6949 is a plan to help Native American and Native Hawaiian communities get better homes by giving them money for building and fixing houses, while also making sure the rules for using this money are clear and fair.

Summary AI

H.R. 6949 aims to reauthorize and update the Native American Housing Assistance and Self-Determination Act of 1996. The bill introduces several revisions, including the allocation of funds for block grants, provisions for affordable housing activities, and exceptions for environmental reviews. It also extends loan guarantees, support for Native American veterans, and funding for Native Hawaiian housing, ensuring continued support and development within Native American and Native Hawaiian communities.

Published

2024-01-10
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-01-10
Package ID: BILLS-118hr6949ih

Bill Statistics

Size

Sections:
32
Words:
6,493
Pages:
32
Sentences:
159

Language

Nouns: 1,908
Verbs: 397
Adjectives: 420
Adverbs: 36
Numbers: 388
Entities: 439

Complexity

Average Token Length:
4.23
Average Sentence Length:
40.84
Token Entropy:
5.44
Readability (ARI):
22.25

AnalysisAI

General Summary

The proposed legislation, titled the "Native American Housing Assistance and Self-Determination Reauthorization Act of 2024," seeks to amend and extend housing assistance programs initially established under the Native American Housing Assistance and Self-Determination Act of 1996. The bill focuses on reauthorizing these programs and includes various provisions impacting the funding allocation, environmental review processes, grants, and loan guarantees relevant to Native American communities. The bill outlines appropriations for fiscal years 2025 through 2029 and introduces new sections pertaining to housing for Native Hawaiians.

Summary of Significant Issues

  1. Lack of Specificity and Oversight: Several sections of the bill lack detailed criteria or oversight mechanisms. For instance, Section 102 does not specify criteria for exempting tribes from annual housing plan submissions, leading to potential inconsistencies and misuse. Similarly, Section 301 authorizes substantial funding without clear objectives, raising transparency and accountability issues.

  2. Potential Inequity in Funding Allocations: The bill includes provisions like Section 503, which reserves a portion of USDA rural housing funding specifically for Indian tribes. This specific focus could lead to allegations of favoritism without sufficient justification or criteria, impacting perceptions of equitable resource distribution.

  3. Complexity and Ambiguity: Vague language within the bill, as seen in Section 604 and Section 603, may result in practical enforcement challenges and misunderstandings. These sections touch upon culturally sensitive issues regarding treaty obligations and insurance program participation, needing clear guidance to avoid potential conflicts.

  4. Legal and Ethical Concerns: Section 502, which allows private attorneys in foreclosure proceedings, raises ethical concerns over potential conflicts of interest, particularly within tribal jurisdictions. This measure necessitates strict oversight to effectively prevent misuse.

Impact on the General Public

The bill's primary impact would manifest in improvements to housing resources available to Native American communities, potentially fostering greater housing stability and development. By reauthorizing these programs and establishing clear funding pathways, the bill aims to maintain and improve housing infrastructure critical to these populations.

However, the financial implications could indirectly affect all taxpayers if adequate oversight and accountability are not enforced, leading to inefficient spending or resource allocation. Ensuring transparency and defined criteria can prevent potential misuse of allocated funds, safeguarding public financial interests.

Impact on Specific Stakeholders

Positive Impacts:

  • Native American Communities: The bill provides a significant extension of funding and support for housing projects, which can enhance living conditions and opportunities within these communities. The emphasis on energy-efficient housing and sanitation facilities contributes to long-term sustainability and health improvements.

  • Native Hawaiian Stakeholders: By reauthorizing and funding aspects of the Native Hawaiian Homeownership Act, the bill aims to increase homeownership opportunities, promoting economic stability and growth for Native Hawaiians.

Potential Negative Impacts:

  • Non-tribal Groups: Provisions that prioritize tribes (such as the set-aside of 5% of USDA funds) might raise concerns about unequal treatment relative to other rural communities, potentially creating tension or perceptions of inequity across different demographic groups.

  • Government Agencies: Overlapping responsibilities among federal agencies, as identified in Section 501, could lead to inefficient policy implementation and administration challenges, needing strategic coordination to avoid redundancy.

In conclusion, while the bill intends to extend crucial support to Native American and Native Hawaiian communities, careful attention must be exercised to ensure comprehensive oversight and equitable resource allocation across all impacted stakeholders. Addressing these legislative challenges is paramount to maximizing the bill's benefits and minimizing potential drawbacks.

Financial Assessment

The proposed bill, H.R. 6949, addresses multiple aspects of housing support for Native American communities, including significant financial allocations and authorizations for future fiscal years. The financial elements within this bill encompass appropriations for grants, loan guarantees, and competitive grants aimed at enhancing housing assistance and self-determination for Native Americans and Native Hawaiians.

Financial Allocations and Spending

Block Grants and Grant Allocations
The bill authorizes substantial amounts for housing grants in the upcoming years. Specifically, it outlines appropriations starting at $680 million for fiscal year 2025, and increasing annually until reaching $820 million for fiscal year 2029. This progressive increase represents a focused effort to ensure stable financial support over a significant period.

Loan Guarantees
The bill also renews allocations for loan guarantees under the Housing and Community Development Act. It proposes amounts starting with $12.2 million for fiscal year 2025, increasing by approximately $600,000 annually to $14.7 million for fiscal year 2029. These funds are intended to provide financial security for housing projects that may otherwise struggle to secure loans.

Competitive Grants
An additional allocation was made for competitive grants aimed at carrying out housing activities. The appropriation starts with $100 million for fiscal year 2025 and progressively increases to $120 million for fiscal year 2029. This block is earmarked for grants that will prioritize construction and rehabilitation projects to expand the inventory of affordable housing units.

Funding for Native Hawaiian Housing
Apart from the funds allocated for Native American communities, the bill also targets Native Hawaiian housing initiatives. Appropriations under this title begin at $13 million for fiscal year 2025 and increase annually to $15.68 million for fiscal year 2029. This ensures continued financial support specifically tailored for the unique housing needs of Native Hawaiians.

Relationship to Identified Issues

The significant financial authorizations outlined in the bill also raise certain concerns:

  1. Oversight and Accountability
    The bill authorizes large sums for multiple years without specifying oversight or accountability mechanisms. This could potentially lead to issues of wasteful spending, as highlighted in the identified issues for Section 301. Absence of clear monitoring standards could result in inefficient use of allocated funds.

  2. Vague Criteria and Transparency
    In both Section 102, regarding housing plans, and Section 505, concerning competitive grants, there is a noted lack of specific criteria or oversight mechanisms. This ambiguity could foster inconsistent application and misuse of funds, as the decision-making process lacks transparency. Without clear criteria, the allocation of funds could be subject to bias, impacting fair distribution, particularly in competitive grants.

  3. Potential for Disproportionate Allocation
    Section 503 raises concerns with potential favoritism towards Indian tribes for USDA rural housing funding. The absence of detailed justification may lead to disproportionate allocation compared to other groups, indicating a need for clearer rationalization within the financial references.

  4. Overlapping Authorities and Inefficiencies
    Section 501 points to possible inefficiencies due to overlaps in authority between HUD, VA, and Indian Health Services. Such overlap could complicate and delay the delivery of financial support, affecting the timely and effective utilization of the allocated funds for the intended housing programs.

In summary, while H.R. 6949 proposes considerable financial allocations to support housing initiatives for Native American and Native Hawaiian communities, it also necessitates careful consideration of mechanisms to ensure accountability, eliminate ambiguity, and avoid overlapping jurisdictions to prevent inefficiencies in fund utilization.

Issues

  • The absence of specific criteria or oversight mechanisms in Section 102 for granting waivers or alternative requirements for annual Indian housing plans could lead to inconsistent application and potential misuse. This has significant implications for transparency and accountability in the administration of housing plans for Indian tribes.

  • Section 301 involves authorizations of large sums of money for multiple fiscal years without detailed justification or objectives, which raises concerns about potential wasteful spending and lack of transparency in the allocation of funds.

  • In Section 604, the lack of clear guidelines on how 'consultation with the Secretary of the Interior and the tribe' will be conducted, alongside the ambiguity in 'final order' definitions concerning treaty compliance, could result in disputes and accusations of bias, particularly regarding Freedmen descendants.

  • Section 603 provides exemptions for Indian tribes from national flood insurance program participation requirements without clear standards or criteria, leading to potential unequal treatment compared to other communities and complicating flood insurance compliance.

  • Section 502 allows the Attorney General to use private contract attorneys for foreclosure proceedings, which might lead to conflicts of interest or ethical concerns if not closely monitored, especially within tribal jurisdictions.

  • Section 505’s lack of specified criteria or metrics for prioritizing 'priority' projects in competitive grants could result in subjective decision-making and preferential treatment, impacting fair distribution and allocation of resources.

  • The text in Section 301 concerning authorization for appropriations does not specify oversight or accountability measures, raising concerns about the effectiveness and efficiency of fund utilization.

  • In Section 503, the use of vague terms and the specific favoritism towards Indian tribes for USDA rural housing funding could raise concerns of disproportionate allocation compared to other groups if not clearly justified.

  • Section 202 uses unclear language regarding conversion of rental housing to homebuyer or lease-purchase units, leading to potential misinterpretation and complications in enforcing income targeting requirements.

  • Section 501 highlights potential issues of overlapping authority between HUD, VA, and Indian Health Services, which could result in inefficiencies and delays in implementing housing programs for Native American veterans.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents; references Read Opens in new tab

Summary AI

The "Native American Housing Assistance and Self-Determination Reauthorization Act of 2024" is organized into several titles covering diverse aspects of housing for Native Americans, such as block grants, affordable housing activities, audits, housing assistance for Native Americans and Native Hawaiians, and various miscellaneous provisions. It references and amends the 1996 Act that initially established these housing assistance programs.

2. Office of Native American Programs Read Opens in new tab

Summary AI

The section outlines the creation of the Office of Native American Programs within the Department of Housing and Urban Development, increasing the number of Assistant Secretaries from seven to eight, with the office being led by one of these Assistant Secretaries. Additionally, it updates the United States Code to reflect this change in the number of Assistant Secretaries.

101. Block grants Read Opens in new tab

Summary AI

Section 101 of the U.S. Code (25 U.S.C. 4111) is updated to include a new rule that requires the Secretary to address waiver requests within 60 days of receiving them, and changes the language in another part from "1" to "an".

102. Recommendations regarding exceptions to annual Indian housing plan requirement Read Opens in new tab

Summary AI

The Secretary of Housing and Urban Development is required to consult with Indian tribes and other stakeholders to create recommendations for waiving or altering the annual housing plan requirement for Indian tribes, and then submit these recommendations to Congress within 120 days. These recommendations should include any needed changes to laws or regulations.

103. Environmental review Read Opens in new tab

Summary AI

The changes to Section 105 (25 U.S.C. 4115) require that the Secretary act on waiver requests within 60 days and allow tribes using mostly federal funds for affordable housing projects to follow their own environmental review processes, which will satisfy all federal requirements.

104. Deadline for action on request for approval regarding exceeding TDC maximum cost for project Read Opens in new tab

Summary AI

The bill amends existing laws to establish a 60-day deadline for the Secretary of Housing and Urban Development to approve or deny requests to exceed the total cost by more than 10% for certain housing projects. It also defines "total development cost" as the combined expenses of a housing project, excluding costs for off-site water and sewer, and requires these costs to be based on average construction prices from recognized indices.

201. National objectives and eligible families Read Opens in new tab

Summary AI

The section updates the wording of a law to make it clear that it includes references to section 3 of the Housing and Urban Development Act of 1968, along with previously mentioned acts from 1964.

202. Homeownership or lease-to-own low-income requirement and income targeting Read Opens in new tab

Summary AI

The amendments to Section 205 focus on a policy for rental housing that allows current low-income rental families to purchase their homes through specific agreements, ensuring these homes are sold only to them. Additionally, it removes certain binding requirements for property improvements if the costs remain below 10% of the home's maximum development cost.

203. Lease requirements and tenant selection Read Opens in new tab

Summary AI

The section amends the law to require that leases for certain federally assisted rental housing include a specific notice period before terminating the lease, as outlined in a previous subsection.

204. Tribal coordination of agency funding Read Opens in new tab

Summary AI

The proposed amendment allows tribes to use funding from the Indian Health Service for building sanitation facilities as part of housing projects that also receive other funding under the Act. Additionally, it updates the table of contents to include this new section.

211. IHS sanitation facilities construction Read Opens in new tab

Summary AI

Recipients of funds under this Act can use money from the Indian Health Service, part of the Department of Health and Human Services, to build sanitation facilities for housing projects, even if other parts of the project are funded by this Act.

205. Exception to maximum total development cost for energy efficient housing Read Opens in new tab

Summary AI

The bill allows for an exception to the maximum total development cost for housing projects if energy efficiency upgrades are needed. The Secretary will approve this exception as long as the cost of the upgrades doesn't exceed the local average for such improvements.

301. Authorization of appropriations Read Opens in new tab

Summary AI

The section authorizes specific funding amounts for grants over a series of fiscal years, starting with $680 million in 2025 and gradually increasing to $820 million by 2029.

Money References

  • Section 108 (25 U.S.C. 4117) is amended to read as follows: “SEC. 108. Authorization of appropriations. “There is authorized to be appropriated for grants under this title— “(1) $680,000,000 for fiscal year 2025; “(2) $713,000,000 for fiscal year 2026; “(3) $747,000,000 for fiscal year 2027; “(4) $783,000,000 for fiscal year 2028; and “(5) $820,000,000 for fiscal year 2029.”. ---

108. Authorization of appropriations Read Opens in new tab

Summary AI

The section authorizes funding for grants, starting with $680 million for the fiscal year 2025 and increasing each year to $820 million by 2029.

Money References

  • There is authorized to be appropriated for grants under this title— (1) $680,000,000 for fiscal year 2025; (2) $713,000,000 for fiscal year 2026; (3) $747,000,000 for fiscal year 2027; (4) $783,000,000 for fiscal year 2028; and (5) $820,000,000 for fiscal year 2029. ---

302. Effect of undisbursed block grant amounts on annual allocations Read Opens in new tab

Summary AI

The new section specifies that if a tribe's undisbursed block grant funds exceed the sum of its initial allocations for the past three years, the Secretary of Housing and Urban Development will notify the tribe and require it to explain and demonstrate its capacity to spend the funds effectively. If a tribe does not meet these requirements, its allocation may be reduced, and the unallocated funds will be redistributed to other tribes, except for those tribes with allocations under $5,000,000.

Money References

  • “(d) Inapplicability.—Subsections (a) and (b) shall not apply to an Indian tribe with respect to any fiscal year for which the amount allocated for the tribe for block grants under this Act is less than $5,000,000.

303. Effect of undisbursed grant amounts on annual allocations Read Opens in new tab

Summary AI

If an Indian tribe has too much undisbursed grant money from the past three years, the Secretary of Housing and Urban Development must notify them and require an explanation and demonstration of capability to spend the funds effectively. If they cannot justify the unused funds, their future grant allocation may be reduced and redistributed to other tribes in need. Exceptions exist for tribes receiving less than $5,000,000, and no regulations or hearings are needed to enforce this rule.

Money References

  • (d) Inapplicability.—Subsections (a) and (b) shall not apply to an Indian tribe with respect to any fiscal year for which the amount allocated for the tribe for block grants under this Act is less than $5,000,000.

401. Review and audit by Secretary Read Opens in new tab

Summary AI

The Secretary is required to finalize and release a report within 60 days after getting feedback from a recipient, as specified in a new paragraph added to Section 405(c) of the law.

402. Reports to Congress Read Opens in new tab

Summary AI

Section 402 changes how reports are submitted to Congress, specifying that reports related to Native American and Alaska Native affairs must be sent to several specific committees in both the House of Representatives and the Senate. It also requires that these reports be made publicly available to the recipients.

501. HUD-Veterans Affairs Supportive Housing program for Native American veterans Read Opens in new tab

Summary AI

The section creates a program called the Tribal HUD-VASH program, which provides rental assistance and supportive housing to Native American veterans who are homeless or at risk of homelessness. The program involves collaboration between the Secretaries of Housing and Veterans Affairs and focuses on grants for eligible Indian veterans, with specific rules for administration and periodic reporting on its effectiveness.

502. Loan guarantees for Indian housing Read Opens in new tab

Summary AI

In this section of the bill, amendments are made to the Housing and Community Development Act of 1992 to update the authorization of appropriations for loan guarantees related to Indian housing for the years 2025 through 2029. It also clarifies the process for foreclosure proceedings, including allowing cases to start in tribal courts and permitting the use of private attorneys when needed.

Money References

  • (a) Authorization of appropriations.—Section 184(i) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)) is amended— (1) in paragraph (5)— (A) in subparagraph (C), by striking “2008 through 2012” and inserting “2025 through 2029”; and (2) by striking paragraph (7) and inserting the following new paragraph: “(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Guarantee Fund to carry out this section— “(A) $12,200,000 for fiscal year 2025; “(B) $12,800,000 for fiscal year 2026; “(C) $13,400,000 for fiscal year 2027; “(D) $14,000,000 for fiscal year 2028; and “(E) $14,700,000 for fiscal year 2029.”. (b) Foreclosure proceedings.

503. Set-aside of USDA rural housing funding for Indian tribes Read Opens in new tab

Summary AI

The section outlines a requirement for the U.S. Department of Agriculture to reserve 5% of its rural housing funds each fiscal year specifically for Indian tribes. If the funds are not used by a certain date set by the Secretary, they can be redirected according to existing laws and regulations.

504. Indian tribe eligibility for HUD housing counseling Read Opens in new tab

Summary AI

This section amends the Housing and Urban Development Act of 1968 to include Indian tribes and tribally designated housing entities as eligible for housing counseling under certain conditions. It also clarifies that the terms "Indian tribe" and "tribally designated housing entity" are defined as in the Native American Housing Assistance and Self-Determination Act of 1996.

505. Competitive grants Read Opens in new tab

Summary AI

The proposed section 706 establishes a program where competitive grants are given to eligible recipients for affordable housing projects. The grants prioritize new construction, housing rehabilitation, and infrastructure projects, with a budget authorized from $100 million in 2025, increasing by $5 million annually through 2029, while also allowing a small portion for administrative costs.

Money References

  • “(d) Authorization of appropriations.—There is authorized to be appropriated for grants under this section— “(1) $100,000,000 for fiscal year 2025; “(2) $105,000,000 for fiscal year 2026; “(3) $110,000,000 for fiscal year 2027; “(4) $115,000,000 for fiscal year 2028; and “(5) $120,000,000 for fiscal year 2029.”. ---

706. Competitive grants Read Opens in new tab

Summary AI

The section outlines the Secretary's power to award competitive grants for affordable housing projects to those already receiving block grants. Priority is given to projects that create new housing, extend the life of existing housing, or build necessary infrastructure, with a total budget starting at $100 million in 2025 and gradually increasing to $120 million by 2029.

Money References

  • (d) Authorization of appropriations.—There is authorized to be appropriated for grants under this section— (1) $100,000,000 for fiscal year 2025; (2) $105,000,000 for fiscal year 2026; (3) $110,000,000 for fiscal year 2027; (4) $115,000,000 for fiscal year 2028; and (5) $120,000,000 for fiscal year 2029. ---

601. Lands Title Report Commission Read Opens in new tab

Summary AI

The amendments to Section 501 of the American Homeownership and Economic Opportunity Act of 2000 remove the requirement for funding to be pre-approved and update a reference to a different Act.

602. Leasehold interest in trust or restricted lands for housing purposes Read Opens in new tab

Summary AI

The section changes the rules related to leasing trust or restricted lands for housing. It updates a law to allow leases to last up to 99 years instead of 50 years.

603. Exemption for Indian tribes from national flood insurance program participation requirement Read Opens in new tab

Summary AI

The section amends the Flood Disaster Protection Act of 1973 to exempt Indian tribes from the requirement to participate in the national flood insurance program if they have an approved plan for reducing flood damage.

604. Compliance with treaty obligations Read Opens in new tab

Summary AI

The Secretary of Housing and Urban Development can withhold funds from a tribe if it is found not to comply with its 1866 treaty obligations to recognize the rights of Freedmen descendants as citizens, unless a Federal court has issued a final decision on the matter. A court order is not final if there is still the possibility of appeal or review.

605. Clerical amendment Read Opens in new tab

Summary AI

The bill makes a change to the table of contents by removing the reference to section 206, which was about the treatment of funds.

701. Reauthorization of Native Hawaiian Homeownership Act Read Opens in new tab

Summary AI

The section in the bill outlines the funding for the Native Hawaiian Homeownership Act, specifying that the U.S. Department of Housing and Urban Development is approved to distribute a series of grants ranging from $13 million in 2025 to nearly $15.7 million in 2029.

Money References

  • “There are authorized to be appropriated to the Department of Housing and Urban Development for grants under this title— “(1) $13,000,000 for fiscal year 2025; “(2) $13,620,000 for fiscal year 2026; “(3) $14,280,000 for fiscal year 2027; “(4) $14,960,000 for fiscal year 2028; and “(5) $15,680,000 for fiscal year 2029.”. ---

824. Authorization of appropriations Read Opens in new tab

Summary AI

The section authorizes the allocation of funds to the Department of Housing and Urban Development for grants, with specified amounts ranging from $13 million in 2025 to $15.68 million in 2029.

Money References

  • There are authorized to be appropriated to the Department of Housing and Urban Development for grants under this title— (1) $13,000,000 for fiscal year 2025; (2) $13,620,000 for fiscal year 2026; (3) $14,280,000 for fiscal year 2027; (4) $14,960,000 for fiscal year 2028; and (5) $15,680,000 for fiscal year 2029. ---

702. Reauthorization of loan guarantees for Native Hawaiian housing Read Opens in new tab

Summary AI

The reauthorization of loan guarantees for Native Hawaiian housing involves updates to the Housing and Community Development Act of 1992. It specifies loan terms for fiscal years 2022 through 2026 and outlines the amount of money authorized for this purpose from 2025 to 2029, with annual appropriations starting at $386,000 and increasing to $466,000.

Money References

  • Section 184A(j) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(j)) is amended— (1) in paragraph (5)(C), by striking “for each of fiscal years” and all that follows through the period at the end and inserting “for each of fiscal years 2022 through 2026 with an aggregate outstanding principal amount not exceeding such amount as may be provided in appropriation Acts for such fiscal year.”; and (2) by striking paragraph (7) and inserting the following new paragraph: “(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Guarantee Fund to carry out this section— “(A) $386,000 for fiscal year 2025; “(B) $405,000 for fiscal year 2026; “(C) $424,000 for fiscal year 2027; “(D) $444,000 for fiscal year 2028; and “(E) $466,000 for fiscal year 2029.”. ---