S.Amdt. 4509

SA 4509. Mr. SCHATZ (for himself and Ms. Hirono) submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. WITHHOLDING OF FUNDS.

The Secretary of Housing and Urban Development shall withhold all or partial funds to a tribe or tribal entity under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) if, after consultation with the Secretary of the Interior and the tribe, the Secretary determines prior to disbursement that the tribe is not in compliance with obligations under its 1866 treaty with the United States as it relates to the inclusion of persons who are lineal descendants of Freedmen as having the rights of the citizens of such tribes, unless a Federal court has issued a final order that determines the treaty obligations with respect to including Freedmen as citizens. For purposes of this section, a court order is not considered final if time remains for an appeal with respect to that order.