HR 5640 EH
106th CONGRESS
2d Session
H. R. 5640
AN ACT
To expand homeownership in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SEC. 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `American Homeownership and
Economic Opportunity Act of 2000'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--REMOVAL OF BARRIERS TO HOUSING AFFORDABILITY
Sec. 102. Grants for regulatory barrier removal strategies.
Sec. 103. Regulatory barriers clearinghouse.
TITLE II--HOMEOWNERSHIP FOR WORKING FAMILIES
Sec. 201. Home equity conversion mortgages.
Sec. 202. Assistance for self-help housing providers.
TITLE III--SECTION 8 HOMEOWNERSHIP OPTION
Sec. 301. Downpayment assistance.
Sec. 302. Pilot program for homeownership assistance for disabled
families.
Sec. 303. Funding for pilot programs.
TITLE IV--PRIVATE MORTGAGE INSURANCE CANCELLATION AND TERMINATION
Sec. 402. Changes in amortization schedule.
Sec. 403. Deletion of ambiguous references to residential
mortgages.
Sec. 404. Cancellation rights after cancellation date.
Sec. 405. Clarification of cancellation and termination issues and
lender paid mortgage insurance disclosure requirements.
TITLE V--NATIVE AMERICAN HOMEOWNERSHIP
Subtitle A--Native American Housing
Sec. 501. Lands title report commission.
Sec. 502. Loan guarantees.
Sec. 503. Native American housing assistance.
Subtitle B--Native Hawaiian Housing
Sec. 513. Housing assistance.
Sec. 514. Loan guarantees.
TITLE VI--MANUFACTURED HOUSING IMPROVEMENT
Sec. 601. Short title; references.
Sec. 602. Findings and purposes.
Sec. 604. Federal manufactured home construction and safety
standards.
Sec. 605. Abolishment of National Manufactured Home Advisory Council;
manufactured home installation.
Sec. 606. Public information.
Sec. 607. Research, testing, development, and training.
Sec. 608. Prohibited acts.
Sec. 610. Dispute resolution.
Sec. 611. Elimination of annual reporting requirement.
Sec. 612. Effective date.
Sec. 613. Savings provisions.
TITLE VII--RURAL HOUSING HOMEOWNERSHIP
Sec. 701. Guarantees for refinancing of rural housing loans.
Sec. 702. Promissory note requirement under housing repair loan
program.
Sec. 703. Limited partnership eligibility for farm labor housing
loans.
Sec. 704. Project accounting records and practices.
Sec. 705. Definition of rural area.
Sec. 706. Operating assistance for migrant farmworkers projects.
Sec. 707. Multifamily rental housing loan guarantee program.
Sec. 708. Enforcement provisions.
Sec. 709. Amendments to title 18 of United States Code.
TITLE VIII--HOUSING FOR ELDERLY AND DISABLED FAMILIES
Sec. 803. Effective date.
Subtitle A--Refinancing for Section 202 Supportive Housing for the
Elderly
Sec. 811. Prepayment and refinancing.
Subtitle B--Authorization of Appropriations for Supportive Housing for the
Elderly and Persons With Disabilities
Sec. 821. Supportive housing for elderly persons.
Sec. 822. Supportive housing for persons with disabilities.
Sec. 823. Service coordinators and congregate services for elderly and
disabled housing.
Subtitle C--Expanding Housing Opportunities for the Elderly and Persons With
Disabilities
Part 1--Housing for the Elderly
Sec. 831. Eligibility of for-profit limited partnerships.
Sec. 832. Mixed funding sources.
Sec. 833. Authority to acquire structures.
Sec. 834. Use of project reserves.
Sec. 835. Commercial activities.
Part 2--Housing for Persons With Disabilities
Sec. 841. Eligibility of for-profit limited partnerships.
Sec. 842. Mixed funding sources.
Sec. 843. Tenant-based assistance.
Sec. 844. Use of project reserves.
Sec. 845. Commercial activities.
Part 3--Other Provisions
Sec. 851. Service coordinators.
Subtitle D--Preservation of Affordable Housing Stock
Sec. 861. Section 236 assistance.
TITLE IX--OTHER RELATED HOUSING PROVISIONS
Sec. 901. Extension of loan term for manufactured home lots.
Sec. 902. Use of section 8 vouchers for opt-outs.
Sec. 903. Maximum payment standard for enhanced vouchers.
Sec. 904. Use of section 8 assistance by `grand-families' to rent
dwelling units in assisted projects.
TITLE X--FEDERAL RESERVE BOARD PROVISIONS
Sec. 1001. Federal Reserve Board buildings.
Sec. 1002. Positions of Board of Governors of the Federal Reserve System
on the Executive schedule.
Sec. 1003. Amendments to the Federal Reserve Act.
TITLE XI--BANKING AND HOUSING AGENCY REPORTS
Sec. 1102. Preservation of certain reporting requirements.
Sec. 1103. Coordination of reporting requirements.
Sec. 1104. Elimination of certain reporting requirements.
TITLE XII--FINANCIAL REGULATORY RELIEF
Subtitle A--Improving Monetary Policy and Financial Institution Management
Practices
Sec. 1201. Repeal of savings association liquidity provision.
Sec. 1202. Noncontrolling investments by savings association holding
companies.
Sec. 1203. Repeal of deposit broker notification and recordkeeping
requirement.
Sec. 1204. Expedited procedures for certain reorganizations.
Sec. 1205. National bank directors.
Sec. 1206. Amendment to National Bank Consolidation and Merger
Act.
Sec. 1207. Loans on or purchases by institutions of their own stock;
affiliations.
Sec. 1208. Purchased mortgage servicing rights.
Subtitle B--Streamlining Activities of Institutions
Sec. 1211. Call report simplification.
Subtitle C--Streamlining Agency Actions
Sec. 1221. Elimination of duplicative disclosure of fair market value of
assets and liabilities.
Sec. 1222. Payment of interest in receiverships with surplus
funds.
Sec. 1223. Repeal of reporting requirement on differences in accounting
standards.
Sec. 1224. Extension of time.
Subtitle D--Technical Corrections
Sec. 1231. Technical correction relating to deposit insurance
funds.
Sec. 1232. Rules for continuation of deposit insurance for member banks
converting charters.
Sec. 1233. Amendments to the Revised Statutes of the United
States.
Sec. 1234. Conforming change to the International Banking Act of
1978.
TITLE I--REMOVAL OF BARRIERS TO HOUSING AFFORDABILITY
SEC. 101. SHORT TITLE.
This title may be cited as the `Housing Affordability Barrier Removal Act
of 2000'.
SEC. 102. GRANTS FOR REGULATORY BARRIER REMOVAL STRATEGIES.
(a) AUTHORIZATION OF APPROPRIATIONS- Subsection (a) of section 1204 of the
Housing and Community Development Act of 1992 (42 U.S.C. 12705c(a)) is amended
to read as follows:
`(a) FUNDING- There is authorized to be appropriated for grants under
subsections (b) and (c) such sums as may be necessary for each of fiscal years
2001, 2002, 2003, 2004, and 2005.'.
(b) CONSOLIDATION OF STATE AND LOCAL GRANTS- Subsection (b) of section
1204 of the Housing and Community Development Act of 1992 (42 U.S.C.
12705c(b)) is amended--
(1) in the subsection heading, by striking `STATE GRANTS' and inserting
`GRANT AUTHORITY';
(2) in the matter preceding paragraph (1), by inserting after `States'
the following: `and units of general local government (including consortia
of such governments)';
(3) in paragraph (3), by striking `a State program to reduce State and
local' and inserting `State, local, or regional programs to reduce';
(4) in paragraph (4), by inserting `or local' after `State'; and
(5) in paragraph (5), by striking `State'.
(c) REPEAL OF LOCAL GRANTS PROVISION- Section 1204 of the Housing and
Community Development Act of 1992 (42 U.S.C. 12705c) is amended by striking
subsection (c).
(d) APPLICATION AND SELECTION- The last sentence of section 1204(e) of the
Housing and Community Development Act of 1992 (42 U.S.C. 12705c(e)) is
amended--
(1) by striking `and for the selection of units of general local
government to receive grants under subsection (f)(2)'; and
(2) by inserting before the period at the end the following: `and such
criteria shall require that grant amounts be used in a manner consistent
with the strategy contained in the comprehensive housing affordability
strategy for the jurisdiction pursuant to section 105(b)(4) of the
Cranston-Gonzalez National Affordable Housing Act'.
(e) SELECTION OF GRANTEES- Subsection (f) of section 1204 of the Housing
and Community Development Act of 1992 (42 U.S.C. 12705c(f)) is amended to read
as follows:
`(f) SELECTION OF GRANTEES- To the extent amounts are made available to
carry out this section, the Secretary shall provide grants on a competitive
basis to eligible grantees based on the proposed uses of such amounts, as
provided in applications under subsection (e).'.
(f) TECHNICAL AMENDMENTS- Section 107(a)(1) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5307(a)(1)) is amended--
(1) in subparagraph (G), by inserting `and' after the semicolon at the
end;
(2) by striking subparagraph (H); and
(3) by redesignating subparagraph (I) as subparagraph (H).
SEC. 103. REGULATORY BARRIERS CLEARINGHOUSE.
Section 1205 of the Housing and Community Development Act of 1992 (42
U.S.C. 12705d) is amended--
(A) in the matter preceding paragraph (1), by striking `receive,
collect, process, and assemble' and inserting `serve as a national
repository to receive, collect, process, assemble, and
disseminate';
(i) by striking `, including' and inserting `(including';
and
(ii) by inserting before the semicolon at the end the following: `),
and the prevalence and effects on affordable housing of such laws,
regulations, and policies';
(C) in paragraph (2), by inserting before the semicolon the following:
`, including particularly innovative or successful activities, strategies,
and plans'; and
(D) in paragraph (3), by inserting before the period at the end the
following: `, including particularly innovative or successful strategies,
activities, and plans';
(A) in paragraph (1), by striking `and' at the end;
(B) in paragraph (2), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following new paragraph:
`(3) by making available through a World Wide Web site of the
Department, by electronic mail, or otherwise, provide to each housing agency
of a unit of general local government that serves an area having a
population greater than 100,000, an index of all State and local strategies
and plans submitted under subsection (a) to the clearinghouse, which--
`(A) shall describe the types of barriers to affordable housing that
the strategy or plan was designed to ameliorate or remove; and
`(B) shall, not later than 30 days after submission to the
clearinghouse of any new strategy or plan, be updated to include the new
strategy or plan submitted.'; and
(3) by adding at the end the following new subsections:
`(c) ORGANIZATION- The clearinghouse under this section shall be
established within the Office of Policy Development of the Department of
Housing and Urban Development and shall be under the direction of the
Assistant Secretary for Policy Development and Research.
`(d) TIMING- The clearinghouse under this section (as amended by section
103 of the Housing Affordability Barrier Removal Act of 2000) shall be
established and commence carrying out the functions of the clearinghouse under
this section not later than 1 year after the date of the enactment of such
Act. The Secretary of Housing and Urban Development may comply with the
requirements under this section by reestablishing the clearinghouse that was
originally established to comply with this section and updating and improving
such clearinghouse to the extent necessary to comply with the requirements of
this section as in effect pursuant to the enactment of such Act.'.
TITLE II--HOMEOWNERSHIP FOR WORKING FAMILIES
SEC. 201. HOME EQUITY CONVERSION MORTGAGES.
(a) INSURANCE FOR MORTGAGES TO REFINANCE EXISTING HECMS-
(1) IN GENERAL- Section 255 of the National Housing Act (12 U.S.C.
1715z-20) is amended--
(A) by redesignating subsection (k) as subsection (m); and
(B) by inserting after subsection (j) the following new
subsection:
`(k) INSURANCE AUTHORITY FOR REFINANCINGS-
`(1) IN GENERAL- The Secretary may, upon application by a mortgagee,
insure under this subsection any mortgage given to refinance an existing
home equity conversion mortgage insured under this section.
`(2) ANTI-CHURNING DISCLOSURE- The Secretary shall, by regulation,
require that the mortgagee of a mortgage insured under this subsection,
provide to the mortgagor, within an appropriate time period and in a manner
established in such regulations, a good faith estimate of: (A) the total
cost of the refinancing; and (B) the increase in the mortgagor's principal
limit as measured by the estimated initial principal limit on the mortgage
to be insured under this subsection less the current principal limit on the
home equity conversion mortgage that is being refinanced and insured under
this subsection.
`(3) WAIVER OF COUNSELING REQUIREMENT- The mortgagor under a mortgage
insured under this subsection may waive the applicability, with respect to
such mortgage, of the requirements under subsection (d)(2)(B) (relating to
third party counseling), but only if--
`(A) the mortgagor has received the disclosure required under
paragraph (2);
`(B) the increase in the principal limit described in paragraph (2)
exceeds the amount of the total cost of refinancing (as described in such
paragraph) by an amount to be determined by the Secretary; and
`(C) the time between the closing of the original home equity
conversion mortgage that is refinanced through the mortgage insured under
this subsection and the application for a refinancing mortgage insured
under this subsection does not exceed 5 years.
`(4) CREDIT FOR PREMIUMS PAID- Notwithstanding section 203(c)(2)(A), the
Secretary may reduce the amount of the single premium payment otherwise
collected under such section at the time of the insurance of a mortgage
refinanced and insured under this subsection. The amount of the single
premium for mortgages refinanced under this subsection shall be determined
by the Secretary based on the actuarial study required under paragraph
(5).
`(5) ACTUARIAL STUDY- Not later than 180 days after the date of the
enactment of the American Homeownership and Economic Opportunity Act of
2000, the Secretary shall conduct an actuarial analysis to determine the
adequacy of the insurance premiums collected under the program under this
subsection with respect to--
`(A) a reduction in the single premium payment collected at the time
of the insurance of a mortgage refinanced and insured under this
subsection;
`(B) the establishment of a single national limit on the benefits of
insurance under subsection (g) (relating to limitation on insurance
authority); and
`(C) the combined effect of reduced insurance premiums and a single
national limitation on insurance authority.
`(6) FEES- The Secretary may establish a limit on the origination fee
that may be charged to a mortgagor under a mortgage insured under this
subsection, except that such limitation shall provide that the origination
fee may be fully financed with the mortgage and shall include any fees paid
to correspondent mortgagees approved by the Secretary.'.
(2) REGULATIONS- The Secretary shall issue any final regulations
necessary to implement the amendments made by paragraph (1) of this
subsection, which shall take effect not later than the expiration of the
180-day period beginning on the date of the enactment of this Act. The
regulations shall be issued after notice and opportunity for public comment
in accordance with the procedure under section 553 of title 5, United States
Code, applicable to substantive rules (notwithstanding subsections (a)(2),
(b)(B), and (d)(3) of such section).
(b) HOUSING COOPERATIVES- Section 255(b) of the National Housing Act (12
U.S.C. 1715z-20(b)) is amended--
(1) in paragraph (2), by striking `mortgage','; and
(2) by adding at the end the following new paragraphs:
`(4) MORTGAGE- The term `mortgage' means a first mortgage or first lien
on real estate, in fee simple, on all stock allocated to a dwelling in a
residential cooperative housing corporation, or on a leasehold--
`(A) under a lease for not less than 99 years that is renewable;
or
`(B) under a lease having a period of not less than 10 years to run
beyond the maturity date of the mortgage.
`(5) FIRST MORTGAGE- The term `first mortgage' means such classes of
first liens as are commonly given to secure advances on, or the unpaid
purchase price of, real estate or all stock allocated to a dwelling unit in
a residential cooperative housing corporation, under the laws of the State
in which the real estate or dwelling unit is located, together with the
credit instruments, if any, secured thereby.'.
(c) WAIVER OF UP-FRONT PREMIUMS FOR MORTGAGES USED TO FUND LONG-TERM CARE
INSURANCE-
(1) IN GENERAL- Section 255 of the National Housing Act (12 U.S.C.
1715z-20) is amended by inserting after subsection (k) (as added by
subsection (a) of this section) the following new subsection:
`(l) WAIVER OF UP-FRONT PREMIUMS FOR MORTGAGES TO FUND LONG-TERM CARE
INSURANCE-
`(1) IN GENERAL- In the case of any mortgage insured under this section
under which the total amount (except as provided in paragraph (2)) of all
future payments described in subsection (b)(3) will be used only for costs
of a qualified long-term care insurance contract that covers the mortgagor
or members of the household residing in the property that is subject to the
mortgage, notwithstanding section 203(c)(2), the Secretary shall not charge
or collect the single premium payment otherwise required under subparagraph
(A) of such section to be paid at the time of insurance.
`(2) AUTHORITY TO REFINANCE EXISTING MORTGAGE AND FINANCE CLOSING COSTS-
A mortgage described in paragraph (1) may provide financing of amounts that
are used to satisfy outstanding mortgage obligations (in accordance with
such limitations as the Secretary shall prescribe) and any amounts used for
initial service charges, appraisal, inspection, and other fees (as approved
by the Secretary) in connection with such mortgage, and the amount of future
payments described in subsection (b)(3) under the mortgage shall be reduced
accordingly.
`(3) DEFINITION- For purposes of this subsection, the term `qualified
long-term care insurance contract' has the meaning given such term in
section 7702B of the Internal Revenue Code of 1986 (26 U.S.C. 7702B)),
except that such contract shall also meet the requirements of--
`(A) sections 9 (relating to disclosure), 24 (relating to
suitability), and 26 (relating to contingent nonforfeiture) of the
long-term care insurance model regulation promulgated by the National
Association of Insurance Commissioners (as adopted as of September 2000);
and
`(B) section 8 (relating to contingent nonforfeiture) of the long-term
care insurance model Act promulgated by the National Association of
Insurance Commissioners (as adopted as of September 2000).'.
(2) APPLICABILITY- The provisions of section 255(l) of the National
Housing Act (as added by paragraph (1) of this subsection) shall apply only
to mortgages closed on or after April 1, 2001.
(d) STUDY OF SINGLE NATIONAL MORTGAGE LIMIT- The Secretary of Housing and
Urban Development shall conduct an actuarially based study of the effects of
establishing, for mortgages insured under section 255 of the National Housing
Act (12 U.S.C. 1715z-20), a single maximum mortgage amount limitation in lieu
of applicability of section 203(b)(2) of such Act (12 U.S.C. 1709(b)(2)). The
study shall--
(1) examine the effects of establishing such limitation at different
dollar amounts; and
(2) examine the effects of such various limitations on--
(A) the risks to the General Insurance Fund established under section
519 of such Act;
(B) the mortgage insurance premiums that would be required to be
charged to mortgagors to ensure actuarial soundness of such Fund;
and
(C) take into consideration the various approaches to providing credit
to borrowers who refinance home equity conversion mortgages insured under
section 255 of such Act.
Not later than 180 days after the date of the enactment of this Act, the
Secretary shall complete the study under this subsection and submit a report
describing the study and the results of the study to the Committee on Banking
and Financial Services of the House of Representatives and to the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 202. ASSISTANCE FOR SELF-HELP HOUSING PROVIDERS.
(a) REAUTHORIZATION- Subsection (p) of section 11 of the Housing
Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended to
read as follows:
`(p) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section such sums as may be necessary for
fiscal year 2001.'.
(b) ELIGIBLE EXPENSES- Section 11(d)(2)(A) of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended by inserting
before the period at the end the following: `, which may include reimbursing
an organization, consortium, or affiliate, upon approval of any required
environmental review, for nongrant amounts of the organization, consortium, or
affiliate advanced before such review to acquire land'.
(c) DEADLINE FOR RECAPTURE OF FUNDS- Section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended--
(1) in subsection (i)(5)--
(A) by striking `if the organization or consortia has not used any
grant amounts' and inserting `the Secretary shall recapture any grant
amounts provided to the organization or consortia that are not
used';
(B) by striking `(or,' and inserting `, except that such period shall
be 36 months'; and
(C) by striking `within 36 months), the Secretary shall recapture such
unused amounts' and inserting `and in the case of a grant amounts provided
to a local affiliate of the organization or consortia that is developing
five or more dwellings in connection with such grant amounts';
and
(2) in subsection (j), by inserting after `carry out this section' the
following: `and grant amounts provided to a local affiliate of the
organization or consortia that is developing five or more dwellings in
connection with such grant amounts'.
(d) TECHNICAL CORRECTIONS- Section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note) is amended--
(1) in subsection (b)(4), by striking `Habitat for Humanity
International, its affiliates, and other'; and
(2) in subsection (e)(2), by striking `consoria' and inserting
`consortia'.
TITLE III--SECTION 8 HOMEOWNERSHIP OPTION
SEC. 301. DOWNPAYMENT ASSISTANCE.
(a) AMENDMENTS- Section 8(y) of the United States Housing Act of 1937 (42
U.S.C. 1437f(y)) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new paragraph:
`(7) DOWNPAYMENT ASSISTANCE-
`(A) AUTHORITY- A public housing agency may, in lieu of providing
monthly assistance payments under this subsection on behalf of a family
eligible for such assistance and at the discretion of the public housing
agency, provide assistance for the family in the form of a single grant to
be used only as a contribution toward the downpayment required in
connection with the purchase of a dwelling for fiscal year 2000 and each
fiscal year thereafter to the extent provided in advance in appropriations
Acts.
`(B) AMOUNT- The amount of a downpayment grant on behalf of an
assisted family may not exceed the amount that is equal to the sum of the
assistance payments that would be made during the first year of assistance
on behalf of the family, based upon the income of the family at the time
the grant is to be made.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect immediately after the amendments made by section 555(c) of the Quality
Housing and Work Responsibility Act of 1998 take effect pursuant to such
section.
SEC. 302. PILOT PROGRAM FOR HOMEOWNERSHIP ASSISTANCE FOR DISABLED
FAMILIES.
(a) IN GENERAL- A public housing agency providing tenant-based assistance
on behalf of an eligible family under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) may provide assistance for a disabled family
that purchases a dwelling unit (including a dwelling unit under a
lease-purchase agreement) that will be owned by one or more members of the
disabled family and will be occupied by the disabled family, if the disabled
family--
(1) purchases the dwelling unit before the expiration of the 3-year
period beginning on the date that the Secretary first implements the pilot
program under this section;
(2) demonstrates that the disabled family has income from employment or
other sources (including public assistance), as determined in accordance
with requirements of the Secretary, that is not less than twice the payment
standard established by the public housing agency (or such other amount as
may be established by the Secretary);
(3) except as provided by the Secretary, demonstrates at the time the
disabled family initially receives tenant-based assistance under this
section that one or more adult members of the disabled family have achieved
employment for the period as the Secretary shall require;
(4) participates in a homeownership and housing counseling program
provided by the agency; and
(5) meets any other initial or continuing requirements established by
the public housing agency in accordance with requirements established by the
Secretary.
(b) Determination of Amount of Assistance-
(A) MONTHLY EXPENSES NOT EXCEEDING PAYMENT STANDARD- If the monthly
homeownership expenses, as determined in accordance with requirements
established by the Secretary, do not exceed the payment standard, the
monthly assistance payment shall be the amount by which the homeownership
expenses exceed the highest of the following amounts, rounded to the
nearest dollar:
(i) 30 percent of the monthly adjusted income of the disabled
family.
(ii) 10 percent of the monthly income of the disabled
family.
(iii) If the disabled family is receiving payments for welfare
assistance from a public agency, and a portion of those payments,
adjusted in accordance with the actual housing costs of the disabled
family, is specifically designated by that agency to meet the housing
costs of the disabled family, the portion of those payments that is so
designated.
(B) MONTHLY EXPENSES EXCEED PAYMENT STANDARD- If the monthly
homeownership expenses, as determined in accordance with requirements
established by the Secretary, exceed the payment standard, the monthly
assistance payment shall be the amount by which the applicable payment
standard exceeds the highest of the amounts under clauses (i), (ii), and
(iii) of subparagraph (A).
(2) CALCULATION OF AMOUNT-
(A) LOW-INCOME FAMILIES- A disabled family that is a low-income family
shall be eligible to receive 100 percent of the amount calculated under
paragraph (1).
(B) INCOME BETWEEN 81 AND 89 PERCENT OF MEDIAN- A disabled family
whose income is between 81 and 89 percent of the median for the area shall
be eligible to receive 66 percent of the amount calculated under paragraph
(1).
(C) INCOME BETWEEN 90 AND 99 PERCENT OF MEDIAN- A disabled family
whose income is between 90 and 99 percent of the median for the area shall
be eligible to receive 33 percent of the amount calculated under paragraph
(1).
(D) INCOME MORE THAN 99 PERCENT OF MEDIAN- A disabled family whose
income is more than 99 percent of the median for the area shall not be
eligible to receive assistance under this section.
(c) INSPECTIONS AND CONTRACT CONDITIONS-
(1) IN GENERAL- Each contract for the purchase of a dwelling unit to be
assisted under this section shall--
(A) provide for pre-purchase inspection of the dwelling unit by an
independent professional; and
(B) require that any cost of necessary repairs be paid by the
seller.
(2) ANNUAL INSPECTIONS NOT REQUIRED- The requirement under subsection
(o)(8)(A)(ii) of section 8 of the United States Housing Act of 1937 for
annual inspections shall not apply to dwelling units assisted under this
section.
(d) OTHER AUTHORITY OF THE SECRETARY- The Secretary may--
(1) limit the term of assistance for a disabled family assisted under
this section;
(2) provide assistance for a disabled family for the entire term of a
mortgage for a dwelling unit if the disabled family remains eligible for
such assistance for such term; and
(3) modify the requirements of this section as the Secretary determines
to be necessary to make appropriate adaptations for lease-purchase
agreements.
(e) ASSISTANCE PAYMENTS SENT TO LENDER- The Secretary shall remit
assistance payments under this section directly to the mortgagee of the
dwelling unit purchased by the disabled family receiving such assistance
payments.
(f) INAPPLICABILITY OF CERTAIN PROVISIONS- Assistance under this section
shall not be subject to the requirements of the following provisions:
(1) Subsection (c)(3)(B) of section 8 of the United States Housing Act
of 1937.
(2) Subsection (d)(1)(B)(i) of section 8 of the United States Housing
Act of 1937.
(3) Any other provisions of section 8 of the United States Housing Act
of 1937 governing maximum amounts payable to owners and amounts payable by
assisted families.
(4) Any other provisions of section 8 of the United States Housing Act
of 1937 concerning contracts between public housing agencies and
owners.
(5) Any other provisions of the United States Housing Act of 1937 that
are inconsistent with the provisions of this section.
(g) REVERSION TO RENTAL STATUS-
(1) NON-FHA MORTGAGES- If a disabled family receiving assistance under
this section defaults under a mortgage not insured under the National
Housing Act, the disabled family may not continue to receive rental
assistance under section 8 of the United States Housing Act of 1937 unless
it complies with requirements established by the Secretary.
(2) ALL MORTGAGES- A disabled family receiving assistance under this
section that defaults under a mortgage may not receive assistance under this
section for occupancy of another dwelling unit owned by 1 or more members of
the disabled family.
(3) EXCEPTION- This subsection shall not apply if the Secretary
determines that the disabled family receiving assistance under this section
defaulted under a mortgage due to catastrophic medical reasons or due to the
impact of a federally declared major disaster or emergency.
(h) REGULATIONS- Not later than 90 days after the date of the enactment of
this Act, the Secretary shall issue regulations to implement this section.
Such regulations may not prohibit any public housing agency providing
tenant-based assistance on behalf of an eligible family under section 8 of the
United States Housing Act of 1937 from participating in the pilot program
under this section.
(i) DEFINITION OF DISABLED FAMILY- For the purposes of this section, the
term `disabled family' has the meaning given the term `person with
disabilities' in section 811(k)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(k)(2)).
SEC. 303. FUNDING FOR PILOT PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated such sums as may be necessary for fiscal year 2001 for assistance
in connection with the existing homeownership pilot programs carried out under
the demonstration program authorized under to section 555(b) of the Quality
Housing and Work Responsibility Act of 1998 (Public Law 105-276; 112 Stat.
2613).
(b) USE- Subject to subsection (c), amounts made available pursuant to
this section shall be used only through such homeownership pilot programs to
provide, on behalf of families participating in such programs, amounts for
downpayments in connection with dwellings purchased by such families using
assistance made available under section 8(y) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(y)). No such downpayment grant may exceed 20 percent
of the appraised value of the dwelling purchased with assistance under such
section 8(y).
(c) MATCHING REQUIREMENT- The amount of assistance made available under
this section for any existing homeownership pilot program may not exceed twice
the amount donated from sources other than this section for use under the
program for assistance described in subsection (b). Amounts donated from other
sources may include amounts from State housing finance agencies and
Neighborhood Housing Services of America.
TITLE IV--PRIVATE MORTGAGE INSURANCE CANCELLATION AND
TERMINATION
SEC. 401. SHORT TITLE.
This title may be cited as the `Private Mortgage Insurance Technical
Corrections and Clarification Act'.
SEC. 402. CHANGES IN AMORTIZATION SCHEDULE.
(a) TREATMENT OF ADJUSTABLE RATE MORTGAGES- The Homeowners Protection Act
of 1998 (12 U.S.C. 4901 et seq.) is amended--
(A) in paragraph (2)(B)(i), by striking `amortization schedules' and
inserting `the amortization schedule then in effect';
(B) in paragraph (16)(B), by striking `amortization schedules' and
inserting `the amortization schedule then in effect';
(C) by redesignating paragraphs (6) through (16) (as amended by the
preceding provisions of this paragraph) as paragraphs (8) through (18),
respectively; and
(D) by inserting after paragraph (5) the following new
paragraph:
`(6) AMORTIZATION SCHEDULE THEN IN EFFECT- The term `amortization
schedule then in effect' means, with respect to an adjustable rate mortgage,
a schedule established at the time at which the residential mortgage
transaction is consummated or, if such schedule has been changed or
recalculated, is the most recent schedule under the terms of the note or
mortgage, which shows--
`(A) the amount of principal and interest that is due at regular
intervals to retire the principal balance and accrued interest over the
remaining amortization period of the loan; and
`(B) the unpaid balance of the loan after each such scheduled payment
is made.'; and
(2) in section 3(f)(1)(B)(ii), by striking `amortization schedules' and
inserting `the amortization schedule then in effect'.
(b) TREATMENT OF BALLOON MORTGAGES- Paragraph (1) of section 2 of the
Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by adding at
the end the following new sentence: `A residential mortgage that (A) does not
fully amortize over the term of the obligation, and (B) contains a conditional
right to refinance or modify the unamortized principal at the maturity date of
the term, shall be considered to be an adjustable rate mortgage for purposes
of this Act.'.
(c) TREATMENT OF LOAN MODIFICATIONS-
(1) IN GENERAL- Section 3 of the Homeowners Protection Act of 1998 (12
U.S.C. 4902) is amended--
(A) by redesignating subsections (d) through (f) as subsections (e)
through (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection:
`(d) TREATMENT OF LOAN MODIFICATIONS- If a mortgagor and mortgagee (or
holder of the mortgage) agree to a modification of the terms or conditions of
a loan pursuant to a residential mortgage transaction, the cancellation date,
termination date, or final termination shall be recalculated to reflect the
modified terms and conditions of such loan.'.
(2) CONFORMING AMENDMENTS- Section 4(a) of the Homeowners Protection Act
of 1998 (12 U.S.C. 4903(a)) is amended--
(i) in the matter preceding subparagraph (A), by striking `section
3(f)(1)' and inserting `section 3(g)(1)';
(ii) in subparagraph (A)(ii)(IV), by striking `section 3(f)' and
inserting `section 3(g)'; and
(iii) in subparagraph (B)(iii), by striking `section 3(f)' and
inserting `section 3(g)'; and
(B) in paragraph (2), by striking `section 3(f)(1)' and inserting
`section 3(g)(1)'.
SEC. 403. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES.
(a) TERMINATION OF PRIVATE MORTGAGE INSURANCE- Section 3 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4902) is amended--
(1) in subsection (c), by inserting `on residential mortgage
transactions' after `imposed'; and
(2) in subsection (g) (as so redesignated by the preceding provisions of
this title)--
(A) in paragraph (1), in the matter preceding subparagraph (A), by
striking `mortgage or';
(B) in paragraph (2), by striking `mortgage or'; and
(C) in paragraph (3), by striking `mortgage or' and inserting
`residential mortgage or residential'.
(b) DISCLOSURE REQUIREMENTS- Section 4 of the Homeowners Protection Act of
1998 (12 U.S.C. 4903(a)) is amended--
(i) by striking `mortgage or' the first place it appears;
and
(ii) by striking `mortgage or' the second place it appears and
inserting `residential'; and
(B) in paragraph (2), by striking `mortgage or' and inserting
`residential';
(2) in subsection (c), by striking `paragraphs (1)(B) and (3) of
subsection (a)' and inserting `subsection (a)(3)'; and
(3) in subsection (d), by inserting before the period at the end the
following: `, which disclosures shall relate to the mortgagor's rights under
this Act'.
(c) DISCLOSURE REQUIREMENTS FOR LENDER-PAID MORTGAGE INSURANCE- Section 6
of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is amended--
(A) in the matter preceding paragraph (1), by striking `a residential
mortgage or'; and
(B) in paragraph (2), by inserting `transaction' after `residential
mortgage'; and
(2) in subsection (d), by inserting `transaction' after `residential
mortgage'.
SEC. 404. CANCELLATION RIGHTS AFTER CANCELLATION DATE.
Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is
amended--
(A) in the matter preceding paragraph (1), by inserting after
`cancellation date' the following: `or any later date that the mortgagor
fulfills all of the requirements under paragraphs (1) through
(4)';
(B) in paragraph (2), by striking `and' at the end;
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new
paragraph:
`(3) is current on the payments required by the terms of the residential
mortgage transaction; and'; and
(2) in subsection (e)(1)(B) (as so redesignated by the preceding
provisions of this title), by striking `subsection (a)(3)' and inserting
`subsection (a)(4)'.
SEC. 405. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER
PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS.
(a) GOOD PAYMENT HISTORY- Section 2(4) of the Homeowners Protection Act of
1998 (12 U.S.C. 4901(4)) is amended--
(1) in subparagraph (A)--
(A) by inserting `the later of (i)' before `the date'; and
(B) by inserting `, or (ii) the date that the mortgagor submits a
request for cancellation under section 3(a)(1)' before the semicolon;
and
(2) in subparagraph (B)--
(A) by inserting `the later of (i)' before `the date'; and
(B) by inserting `, or (ii) the date that the mortgagor submits a
request for cancellation under section 3(a)(1)' before the period at the
end.
(b) AUTOMATIC TERMINATION- Paragraph (2) of section 3(b) of the Homeowners
Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to read as
follows:
`(2) if the mortgagor is not current on the termination date, on the
first day of the first month beginning after the date that the mortgagor
becomes current on the payments required by the terms of the residential
mortgage transaction.'
(c) PREMIUM PAYMENTS- Section 3 of the Homeowners Protection Act of 1998
(12 U.S.C. 4902) is amended by adding at the end the following new
subsection:
`(h) ACCRUED OBLIGATION FOR PREMIUM PAYMENTS- The cancellation or
termination under this section of the private mortgage insurance of a
mortgagor shall not affect the rights of any mortgagee, servicer, or mortgage
insurer to enforce any obligation of such mortgagor for premium payments
accrued prior to the date on which such cancellation or termination
occurred.'.
SEC. 406. DEFINITIONS.
(a) REFINANCED- Section 6(c)(1)(B)(ii) of the Homeowners Protection Act of
1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by inserting after `refinanced'
the following: `(under the meaning given such term in the regulations issued
by the Board of Governors of the Federal Reserve System to carry out the Truth
in Lending Act (15 U.S.C. 1601 et seq.))'.
(b) MIDPOINT OF THE AMORTIZATION PERIOD- Section 2 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901) is amended by inserting after
paragraph (6) (as added by the preceding provisions of this title) the
following new paragraph:
`(7) MIDPOINT OF THE AMORTIZATION PERIOD- The term `midpoint of the
amortization period' means, with respect to a residential mortgage
transaction, the point in time that is halfway through the period that
begins upon the first day of the amortization period established at the time
a residential mortgage transaction is consummated and ends upon the
completion of the entire period over which the mortgage is scheduled to be
amortized.'.
(c) ORIGINAL VALUE- Section 2(12) of the Homeowners Protection Act of 1998
(12 U.S.C. 4901(10)) (as so redesignated by the preceding provisions of this
title) is amended--
(1) by inserting `transaction' after `a residential mortgage'; and
(2) by adding at the end the following new sentence: `In the case of a
residential mortgage transaction for refinancing the principal residence of
the mortgagor, such term means only the appraised value relied upon by the
mortgagee to approve the refinance transaction.'.
(d) PRINCIPAL RESIDENCE- Section 2 of the Homeowners Protection Act of
1998 (12 U.S.C. 4901) is amended--
(1) in paragraph (14) (as so redesignated by the preceding provisions of
this title) by striking `primary' and inserting `principal'; and
(2) in paragraph (15) (as so redesignated by the preceding provisions of
this title) by striking `primary' and inserting `principal'.
TITLE V--NATIVE AMERICAN HOMEOWNERSHIP
Subtitle A--Native American Housing
SEC. 501. LANDS TITLE REPORT COMMISSION.
(a) ESTABLISHMENT- Subject to sums being provided in advance in
appropriations Acts, there is established a Commission to be known as the
Lands Title Report Commission (hereafter in this section referred to as the
`Commission') to facilitate home loan mortgages on Indian trust lands. The
Commission will be subject to oversight by the Committee on Banking and
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(1) APPOINTMENT- The Commission shall be composed of 12 members,
appointed not later than 90 days after the date of the enactment of this Act
as follows:
(A) Four members shall be appointed by the President.
(B) Four members shall be appointed by the Chairperson of the
Committee on Banking and Financial Services of the House of
Representatives.
(C) Four members shall be appointed by the Chairperson of the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(A) MEMBERS OF TRIBES- At all times, not less than eight of the
members of the Commission shall be members of federally recognized Indian
tribes.
(B) EXPERIENCE IN LAND TITLE MATTERS- All members of the Commission
shall have experience in and knowledge of land title matters relating to
Indian trust lands.
(3) CHAIRPERSON- The Chairperson of the Commission shall be one of the
members of the Commission appointed under paragraph (1)(C), as elected by
the members of the Commission.
(4) VACANCIES- Any vacancy on the Commission shall not affect its
powers, but shall be filled in the manner in which the original appointment
was made.
(5) TRAVEL EXPENSES- Members of the Commission shall serve without pay,
but each member shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5, United
States Code.
(c) INITIAL MEETING- The Chairperson of the Commission shall call the
initial meeting of the Commission. Such meeting shall be held within 30 days
after the Chairperson of the Commission determines that sums sufficient for
the Commission to carry out its duties under this Act have been appropriated
for such purpose.
(d) DUTIES- The Commission shall analyze the system of the Bureau of
Indian Affairs of the Department of the Interior for maintaining land
ownership records and title documents and issuing certified title status
reports relating to Indian trust lands and, pursuant to such analysis,
determine how best to improve or replace the system--
(1) to ensure prompt and accurate responses to requests for title status
reports;
(2) to eliminate any backlog of requests for title status reports;
and
(3) to ensure that the administration of the system will not in any way
impair or restrict the ability of Native Americans to obtain conventional
loans for purchase of residences located on Indian trust lands, including
any actions necessary to ensure that the system will promptly be able to
meet future demands for certified title status reports, taking into account
the anticipated complexity and volume of such requests.
(e) REPORT- Not later than the date of the termination of the Commission
under subsection (h), the Commission shall submit a report to the Committee on
Banking and Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate describing the
analysis and determinations made pursuant to subsection (d).
(1) HEARINGS AND SESSIONS- The Commission may, for the purpose of
carrying out this section, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(2) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head
of any Federal department or agency may detail, on a reimbursable basis, any
of the personnel of that department or agency to the Commission to assist it
in carrying out its duties under this section.
(3) OBTAINING OFFICIAL DATA- The Commission may secure directly from any
department or agency of the United States information necessary to enable it
to carry out this section. Upon request of the Chairperson of the
Commission, the head of that department or agency shall furnish that
information to the Commission.
(4) MAILS- The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies of
the United States.
(5) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services necessary for the
Commission to carry out its duties under this section.
(6) STAFF- The Commission may appoint personnel as it considers
appropriate, subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall pay such
personnel in accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and General Schedule
pay rates.
(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section such sums as may be necessary, and any
amounts appropriated pursuant to this subsection shall remain available until
expended.
(h) TERMINATION- The Commission shall terminate 1 year after the date of
the initial meeting of the Commission.
SEC. 502. LOAN GUARANTEES.
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), by striking subparagraph (C) and inserting the
following new subparagraph:
`(C) LIMITATION ON OUTSTANDING AGGREGATE PRINCIPAL AMOUNT- Subject to
the limitations in subparagraphs (A) and (B), the Secretary may enter into
commitments to guarantee loans under this section in each fiscal year with
an aggregate outstanding principal amount not exceeding such amount as may
be provided in appropriation Acts for such fiscal year.'; and
(2) in paragraph (7), by striking `each of fiscal years 1997, 1998,
1999, 2000, and 2001' and inserting `each fiscal year'.
SEC. 503. NATIVE AMERICAN HOUSING ASSISTANCE.
(a) RESTRICTION ON WAIVER AUTHORITY-
(1) IN GENERAL- Section 101(b)(2) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is
amended by striking `if the Secretary' and all that follows through the
period at the end and inserting the following: `for a period of not more
than 90 days, if the Secretary determines that an Indian tribe has not
complied with, or is unable to comply with, those requirements due to
exigent circumstances beyond the control of the Indian tribe.'.
(2) LOCAL COOPERATION AGREEMENT- Section 101(c) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(c)) is
amended by adding at the end the following: `The Secretary may waive the
requirements of this subsection and subsection (d) if the recipient has made
a good faith effort to fulfill the requirements of this subsection and
subsection (d) and agrees to make payments in lieu of taxes to the
appropriate taxing authority in an amount consistent with the requirements
of subsection (d)(2) until such time as the matter of making such payments
has been resolved in accordance with subsection (d).'.
(b) ASSISTANCE TO FAMILIES THAT ARE NOT LOW-INCOME- Section 102(c) of the
Native American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4112(c)) is amended by adding at the end the following:
`(6) CERTAIN FAMILIES- With respect to assistance provided under section
201(b)(2) by a recipient to Indian families that are not low-income
families, evidence that there is a need for housing for each such family
during that period that cannot reasonably be met without such
assistance.'.
(c) ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES- Section 102 of the
Native American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4112) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(d) ENVIRONMENTAL COMPLIANCE- Section 105 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by
adding at the end the following:
`(d) ENVIRONMENTAL COMPLIANCE- The Secretary may waive the requirements
under this section if the Secretary determines that a failure on the part of a
recipient to comply with provisions of this section--
`(1) will not frustrate the goals of the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.) or any other provision of law that
furthers the goals of that Act;
`(2) does not threaten the health or safety of the community involved by
posing an immediate or long-term hazard to residents of that
community;
`(3) is a result of inadvertent error, including an incorrect or
incomplete certification provided under subsection (c)(1); and
`(4) may be corrected through the sole action of the recipient.'.
(1) REPAYMENT- Section 209 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4139) is amended to read as
follows:
`SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT.
`If a recipient uses grant amounts to provide affordable housing under
this title, and at any time during the useful life of the housing the
recipient does not comply with the requirement under section 205(a)(2), the
Secretary shall take appropriate action under section 401(a).'.
(2) AUDITS AND REVIEWS- Section 405 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4165) is amended to
read as follows:
`SEC. 405. REVIEW AND AUDIT BY SECRETARY.
`(a) REQUIREMENTS UNDER CHAPTER 75 OF TITLE 31, UNITED STATES CODE- An
entity designated by an Indian tribe as a housing entity shall be treated, for
purposes of chapter 75 of title 31, United States Code, as a non-Federal
entity that is subject to the audit requirements that apply to non-Federal
entities under that chapter.
`(b) ADDITIONAL REVIEWS AND AUDITS-
`(1) IN GENERAL- In addition to any audit or review under subsection
(a), to the extent the Secretary determines such action to be appropriate,
the Secretary may conduct an audit or review of a recipient in order
to--
`(A) determine whether the recipient--
`(I) eligible activities in a timely manner; and
`(II) eligible activities and certification in accordance with
this Act and other applicable law;
`(ii) has a continuing capacity to carry out eligible activities in
a timely manner; and
`(iii) is in compliance with the Indian housing plan of the
recipient; and
`(B) verify the accuracy of information contained in any performance
report submitted by the recipient under section 404.
`(2) ON-SITE VISITS- To the extent practicable, the reviews and audits
conducted under this subsection shall include on-site visits by the
appropriate official of the Department of Housing and Urban
Development.
`(1) IN GENERAL- The Secretary shall provide each recipient that is the
subject of a report made by the Secretary under this section notice that the
recipient may review and comment on the report during a period of not less
than 30 days after the date on which notice is issued under this
paragraph.
`(2) PUBLIC AVAILABILITY- After taking into consideration any comments
of the recipient under paragraph (1), the Secretary--
`(A) may revise the report; and
`(B) not later than 30 days after the date on which those comments are
received, shall make the comments and the report (with any revisions made
under subparagraph (A)) readily available to the public.
`(d) EFFECT OF REVIEWS- Subject to section 401(a), after reviewing the
reports and audits relating to a recipient that are submitted to the Secretary
under this section, the Secretary may adjust the amount of a grant made to a
recipient under this Act in accordance with the findings of the Secretary with
respect to those reports and audits.'.
(f) ALLOCATION FORMULA- Section 302(d)(1) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4152(d)(1)) is
amended--
(1) by striking `The formula,' and inserting the following:
`(A) IN GENERAL- Except with respect to an Indian tribe described in
subparagraph (B), the formula'; and
(2) by adding at the end the following:
`(B) CERTAIN INDIAN TRIBES- With respect to fiscal year 2001 and each
fiscal year thereafter, for any Indian tribe with an Indian housing
authority that owns or operates fewer than 250 public housing units, the
formula shall provide that if the amount provided for a fiscal year in
which the total amount made available for assistance under this Act is
equal to or greater than the amount made available for fiscal year 1996
for assistance for the operation and modernization of the public housing
referred to in subparagraph (A), then the amount provided to that Indian
tribe as modernization assistance shall be equal to the average annual
amount of funds provided to the Indian tribe (other than funds provided as
emergency assistance) under the assistance program under section 14 of the
United States Housing Act of 1937 (42 U.S.C. 1437l) for the
period beginning with fiscal year 1992 and ending with fiscal year
1997.'.
(g) HEARING REQUIREMENT- Section 401(a) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is
amended--
(1) by redesignating paragraphs (1) through (4) as subparagraphs (A)
through (D), respectively, and realigning such subparagraphs (as so
redesignated) so as to be indented 4 ems from the left margin;
(2) by striking `Except as provided' and inserting the following:
`(1) IN GENERAL- Except as provided';
(3) by striking `If the Secretary takes an action under paragraph (1),
(2), or (3)' and inserting the following:
`(2) CONTINUANCE OF ACTIONS- If the Secretary takes an action under
subparagraph (A), (B), or (C) of paragraph (1)'; and
(4) by adding at the end the following:
`(3) EXCEPTION FOR CERTAIN ACTIONS-
`(A) IN GENERAL- Notwithstanding any other provision of this
subsection, if the Secretary makes a determination that the failure of a
recipient of assistance under this Act to comply substantially with any
material provision (as that term is defined by the Secretary) of this Act
is resulting, and would continue to result, in a continuing expenditure of
Federal funds in a manner that is not authorized by law, the Secretary may
take an action described in paragraph (1)(C) before conducting a
hearing.
`(B) PROCEDURAL REQUIREMENT- If the Secretary takes an action
described in subparagraph (A), the Secretary shall--
`(i) provide notice to the recipient at the time that the Secretary
takes that action; and
`(ii) conduct a hearing not later than 60 days after the date on
which the Secretary provides notice under clause (i).
`(C) DETERMINATION- Upon completion of a hearing under this paragraph,
the Secretary shall make a determination regarding whether to continue
taking the action that is the subject of the hearing, or take another
action under this subsection.'.
(h) PERFORMANCE AGREEMENT TIME LIMIT- Section 401(b) of the Native
American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4161(b)) is amended--
(1) by striking `If the Secretary' and inserting the following:
`(1) IN GENERAL- If the Secretary';
(2) by striking `(1) is not' and inserting the following:
(3) by striking `(2) is a result' and inserting the following:
(4) in the flush material following paragraph (1)(B), as redesignated by
paragraph (3) of this subsection--
(A) by realigning such material so as to be indented 2 ems from the
left margin; and
(B) by inserting before the period at the end the following: `, if the
recipient enters into a performance agreement with the Secretary that
specifies the compliance objectives that the recipient will be required to
achieve by the termination date of the performance agreement';
and
(5) by adding at the end the following:
`(2) PERFORMANCE AGREEMENT- The period of a performance agreement
described in paragraph (1) shall be for 1 year.
`(3) REVIEW- Upon the termination of a performance agreement entered
into under paragraph (1), the Secretary shall review the performance of the
recipient that is a party to the agreement.
`(4) EFFECT OF REVIEW- If, on the basis of a review under paragraph (3),
the Secretary determines that the recipient--
`(A) has made a good faith effort to meet the compliance objectives
specified in the agreement, the Secretary may enter into an additional
performance agreement for the period specified in paragraph (2);
and
`(B) has failed to make a good faith effort to meet applicable
compliance objectives, the Secretary shall determine the recipient to have
failed to comply substantially with this Act, and the recipient shall be
subject to an action under subsection (a).'.
(i) LABOR STANDARDS- Section 104(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(b) is
amended--
(1) in paragraph (1), by striking `Davis-Bacon Act (40 U.S.C.
276a-276a-5)' and inserting `Act of March 3, 1931 (commonly known as the
Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C 276a et seq.)';
and
(2) by adding at the end the following new paragraph:
`(3) APPLICATION OF TRIBAL LAWS- Paragraph (1) shall not apply to any
contract or agreement for assistance, sale, or lease pursuant to this Act,
if such contract or agreement is otherwise covered by one or more laws or
regulations adopted by an Indian tribe that requires the payment of not less
than prevailing wages, as determined by the Indian tribe.'.
(j) TECHNICAL AND CONFORMING AMENDMENTS-
(1) TABLE OF CONTENTS- Section 1(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is
amended in the table of contents--
(A) by striking the item relating to section 206; and
(B) by striking the item relating to section 209 and inserting the
following:
`209. Noncompliance with affordable housing requirement.'.
(2) CERTIFICATION OF COMPLIANCE WITH SUBSIDY LAYERING REQUIREMENTS-
Section 206 of the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4136) is repealed.
(3) TERMINATIONS- Section 502(a) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181(a)) is amended
by adding at the end the following: `Any housing that is the subject of a
contract for tenant-based assistance between the Secretary and an Indian
housing authority that is terminated under this section shall, for the
following fiscal year and each fiscal year thereafter, be considered to be a
dwelling unit under section 302(b)(1).'.
Subtitle B--Native Hawaiian Housing
SEC. 511. SHORT TITLE.
This subtitle may be cited as the `Hawaiian Homelands Homeownership Act of
2000'.
SEC. 512. FINDINGS.
The Congress finds that--
(1) the United States has undertaken a responsibility to promote the
general welfare of the United States by--
(A) employing its resources to remedy the unsafe and unsanitary
housing conditions and the acute shortage of decent, safe, and sanitary
dwellings for families of lower income; and
(B) developing effective partnerships with governmental and private
entities to accomplish the objectives referred to in subparagraph
(A);
(2) the United States has a special responsibility for the welfare of
the Native peoples of the United States, including Native Hawaiians;
(3) pursuant to the provisions of the Hawaiian Homes Commission Act,
1920 (42 Stat. 108 et seq.), the United States set aside 200,000 acres of
land in the Federal territory that later became the State of Hawaii in order
to establish a homeland for the native people of Hawaii--Native
Hawaiians;
(4) despite the intent of Congress in 1920 to address the housing needs
of Native Hawaiians through the enactment of the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108 et seq.), Native Hawaiians eligible to reside on the
Hawaiian home lands have been foreclosed from participating in Federal
housing assistance programs available to all other eligible families in the
United States;
(5) although Federal housing assistance programs have been administered
on a racially neutral basis in the State of Hawaii, Native Hawaiians
continue to have the greatest unmet need for housing and the highest rates
of overcrowding in the United States;
(6) among the Native American population of the United States, Native
Hawaiians experience the highest percentage of housing problems in the
United States, as the percentage--
(A) of housing problems in the Native Hawaiian population is 49
percent, as compared to--
(i) 44 percent for American Indian and Alaska Native households in
Indian country; and
(ii) 27 percent for all other households in the United States;
and
(B) overcrowding in the Native Hawaiian population is 36 percent as
compared to 3 percent for all other households in the United
States;
(7) among the Native Hawaiian population, the needs of Native Hawaiians,
as that term is defined in section 801 of the Native American Housing
Assistance and Self-Determination Act of 1996 (as added by this subtitle),
eligible to reside on the Hawaiian Home Lands are the most severe,
as--
(A) the percentage of overcrowding in Native Hawaiian households on
the Hawaiian Home Lands is 36 percent; and
(B) approximately 13,000 Native Hawaiians, which constitute 95 percent
of the Native Hawaiians who are eligible to reside on the Hawaiian Home
Lands, are in need of housing;
(8) applying the Department of Housing and Urban Development
guidelines--
(A) 70.8 percent of Native Hawaiians who either reside or who are
eligible to reside on the Hawaiian Home Lands have incomes that fall below
the median family income; and
(B) 50 percent of Native Hawaiians who either reside or who are
eligible to reside on the Hawaiian Home Lands have incomes below 30
percent of the median family income;
(9) 1/3 of those Native Hawaiians who are eligible to reside on the
Hawaiian Home Lands pay more than 30 percent of their income for shelter,
and 1/2 of those Native Hawaiians face overcrowding;
(10) the extraordinarily severe housing needs of Native Hawaiians
demonstrate that Native Hawaiians who either reside on, or are eligible to
reside on, Hawaiian Home Lands have been denied equal access to Federal
low-income housing assistance programs available to other qualified
residents of the United States, and that a more effective means of
addressing their housing needs must be authorized;
(11) consistent with the recommendations of the National Commission on
American Indian, Alaska Native, and Native Hawaiian Housing, and in order to
address the continuing prevalence of extraordinarily severe housing needs
among Native Hawaiians who either reside or are eligible to reside on the
Hawaiian Home Lands, Congress finds it necessary to extend the Federal
low-income housing assistance available to American Indians and Alaska
Natives under the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.) to those Native Hawaiians;
(12) under the treatymaking power of the United States, Congress had the
constitutional authority to confirm a treaty between the United States and
the government that represented the Hawaiian people, and from 1826 until
1893, the United States recognized the independence of the Kingdom of
Hawaii, extended full diplomatic recognition to the Hawaiian Government, and
entered into treaties and conventions with the Hawaiian monarchs to govern
commerce and navigation in 1826, 1842, 1849, 1875, and 1887;
(13) the United States has recognized and reaffirmed that--
(A) Native Hawaiians have a cultural, historic, and land-based link to
the indigenous people who exercised sovereignty over the Hawaiian Islands,
and that group has never relinquished its claims to sovereignty or its
sovereign lands;
(B) Congress does not extend services to Native Hawaiians because of
their race, but because of their unique status as the indigenous people of
a once sovereign nation as to whom the United States has established a
trust relationship;
(C) Congress has also delegated broad authority to administer a
portion of the Federal trust responsibility to the State of
Hawaii;
(D) the political status of Native Hawaiians is comparable to that of
American Indians and Alaska Natives; and
(E) the aboriginal, indigenous people of the United States
have--
(i) a continuing right to autonomy in their internal affairs;
and
(ii) an ongoing right of self-determination and self-governance that
has never been extinguished;
(14) the political relationship between the United States and the Native
Hawaiian people has been recognized and reaffirmed by the United States as
evidenced by the inclusion of Native Hawaiians in--
(A) the Native American Programs Act of 1974 (42 U.S.C. 2291 et
seq.);
(B) the American Indian Religious Freedom Act (42 U.S.C. 1996 et
seq.);
(C) the National Museum of the American Indian Act (20 U.S.C. 80q et
seq.);
(D) the Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.);
(E) the National Historic Preservation Act (16 U.S.C. 470 et
seq.);
(F) the Native American Languages Act of 1992 (106 Stat.
3434);
(G) the American Indian, Alaska Native and Native Hawaiian Culture and
Arts Development Act (20 U.S.C. 4401 et seq.);
(H) the Job Training Partnership Act (29 U.S.C. 1501 et seq.);
and
(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.);
and
(15) in the area of housing, the United States has recognized and
reaffirmed the political relationship with the Native Hawaiian people
through--
(A) the enactment of the Hawaiian Homes Commission Act, 1920 (42 Stat.
108 et seq.), which set aside approximately 200,000 acres of public lands
that became known as Hawaiian Home Lands in the Territory of Hawaii that
had been ceded to the United States for homesteading by Native Hawaiians
in order to rehabilitate a landless and dying people;
(B) the enactment of the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union', approved March 18, 1959
(73 Stat. 4)--
(i) by ceding to the State of Hawaii title to the public lands
formerly held by the United States, and mandating that those lands be
held in public trust, for the betterment of the conditions of Native
Hawaiians, as that term is defined in section 201 of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.); and
(ii) by transferring the United States responsibility for the
administration of Hawaiian Home Lands to the State of Hawaii, but
retaining the authority to enforce the trust, including the exclusive
right of the United States to consent to any actions affecting the lands
which comprise the corpus of the trust and any amendments to the
Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), enacted by
the legislature of the State of Hawaii affecting the rights of
beneficiaries under the Act;
(C) the authorization of mortgage loans insured by the Federal Housing
Administration for the purchase, construction, or refinancing of homes on
Hawaiian Home Lands under the National Housing Act (Public Law 479; 73d
Congress; 12 U.S.C. 1701 et seq.);
(D) authorizing Native Hawaiian representation on the National
Commission on American Indian, Alaska Native, and Native Hawaiian Housing
under Public Law 101-235;
(E) the inclusion of Native Hawaiians in the definition under section
3764 of title 38, United States Code, applicable to subchapter V of
chapter 37 of title 38, United States Code (relating to a housing loan
program for Native American veterans); and
(F) the enactment of the Hawaiian Home Lands Recovery Act (109 Stat.
357; 48 U.S.C. 491, note prec.) which establishes a process for the
conveyance of Federal lands to the Department of Hawaiian Homes Lands that
are equivalent in value to lands acquired by the United States from the
Hawaiian Home Lands inventory.
SEC. 513. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.) is amended by adding at the end the following:
`TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
`SEC. 801. DEFINITIONS.
`(1) DEPARTMENT OF HAWAIIAN HOME LANDS; DEPARTMENT- The term `Department
of Hawaiian Home Lands' or `Department' means the agency or department of
the government of the State of Hawaii that is responsible for the
administration of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et
seq.).
`(2) DIRECTOR- The term `Director' means the Director of the Department
of Hawaiian Home Lands.
`(3) ELDERLY FAMILIES; NEAR-ELDERLY FAMILIES-
`(A) IN GENERAL- The term `elderly family' or `near-elderly family'
means a family whose head (or his or her spouse), or whose sole member,
is--
`(i) for an elderly family, an elderly person; or
`(ii) for a near-elderly family, a near-elderly person.
`(B) CERTAIN FAMILIES INCLUDED- The term `elderly family' or
`near-elderly family' includes--
`(i) two or more elderly persons or near-elderly persons, as the
case may be, living together; and
`(ii) one or more persons described in clause (i) living with one or
more persons determined under the housing plan to be essential to their
care or well-being.
`(4) HAWAIIAN HOME LANDS- The term `Hawaiian Home Lands' means lands
that--
`(A) have the status as Hawaiian home lands under section 204 of the
Hawaiian Homes Commission Act, 1920(42 Stat. 110); or
`(B) are acquired pursuant to that Act.
`(5) HOUSING AREA- The term `housing area' means an area of Hawaiian
Home Lands with respect to which the Department of Hawaiian Home Lands is
authorized to provide assistance for affordable housing under this
Act.
`(6) HOUSING ENTITY- The term `housing entity' means the Department of
Hawaiian Home Lands.
`(7) HOUSING PLAN- The term `housing plan' means a plan developed by the
Department of Hawaiian Home Lands.
`(8) MEDIAN INCOME- The term `median income' means, with respect to an
area that is a Hawaiian housing area, the greater of--
`(A) the median income for the Hawaiian housing area, which shall be
determined by the Secretary; or
`(B) the median income for the State of Hawaii.
`(9) NATIVE HAWAIIAN- The term `Native Hawaiian' means any individual
who is--
`(A) a citizen of the United States; and
`(B) a descendant of the aboriginal people, who, prior to 1778,
occupied and exercised sovereignty in the area that currently constitutes
the State of Hawaii, as evidenced by--
`(i) genealogical records;
`(ii) verification by kupuna (elders) or kama'aina (long-term
community residents); or
`(iii) birth records of the State of Hawaii.
`SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
`(a) GRANT AUTHORITY- For each fiscal year, the Secretary shall (to the
extent amounts are made available to carry out this title) make a grant under
this title to the Department of Hawaiian Home Lands to carry out affordable
housing activities for Native Hawaiian families who are eligible to reside on
the Hawaiian Home Lands.
`(1) IN GENERAL- The Secretary may make a grant under this title to the
Department of Hawaiian Home Lands for a fiscal year only if--
`(A) the Director has submitted to the Secretary a housing plan for
that fiscal year; and
`(B) the Secretary has determined under section 804 that the housing
plan complies with the requirements of section 803.
`(2) WAIVER- The Secretary may waive the applicability of the
requirements under paragraph (1), in part, if the Secretary finds that the
Department of Hawaiian Home Lands has not complied or cannot comply with
those requirements due to circumstances beyond the control of the Department
of Hawaiian Home Lands.
`(c) USE OF AFFORDABLE HOUSING ACTIVITIES UNDER PLAN- Except as provided
in subsection (e), amounts provided under a grant under this section may be
used only for affordable housing activities under this title that are
consistent with a housing plan approved under section 804.
`(d) ADMINISTRATIVE EXPENSES-
`(1) IN GENERAL- The Secretary shall, by regulation, authorize the
Department of Hawaiian Home Lands to use a percentage of any grant amounts
received under this title for any reasonable administrative and planning
expenses of the Department relating to carrying out this title and
activities assisted with those amounts.
`(2) ADMINISTRATIVE AND PLANNING EXPENSES- The administrative and
planning expenses referred to in paragraph (1) include--
`(A) costs for salaries of individuals engaged in administering and
managing affordable housing activities assisted with grant amounts
provided under this title; and
`(B) expenses incurred in preparing a housing plan under section
803.
`(e) PUBLIC-PRIVATE PARTNERSHIPS- The Director shall make all reasonable
efforts, consistent with the purposes of this title, to maximize participation
by the private sector, including nonprofit organizations and for-profit
entities, in implementing a housing plan that has been approved by the
Secretary under section 803.
`SEC. 803. HOUSING PLAN.
`(a) PLAN SUBMISSION- The Secretary shall--
`(1) require the Director to submit a housing plan under this section
for each fiscal year; and
`(2) provide for the review of each plan submitted under paragraph
(1).
`(b) FIVE-YEAR PLAN- Each housing plan under this section shall--
`(1) be in a form prescribed by the Secretary; and
`(2) contain, with respect to the 5-year period beginning with the
fiscal year for which the plan is submitted, the following
information:
`(A) MISSION STATEMENT- A general statement of the mission of the
Department of Hawaiian Home Lands to serve the needs of the low-income
families to be served by the Department.
`(B) GOAL AND OBJECTIVES- A statement of the goals and objectives of
the Department of Hawaiian Home Lands to enable the Department to serve
the needs identified in subparagraph (A) during the period.
`(C) ACTIVITIES PLANS- An overview of the activities planned during
the period including an analysis of the manner in which the activities
will enable the Department to meet its mission, goals, and
objectives.
`(c) ONE-YEAR PLAN- A housing plan under this section shall--
`(1) be in a form prescribed by the Secretary; and
`(2) contain the following information relating to the fiscal year for
which the assistance under this title is to be made available:
`(A) GOALS AND OBJECTIVES- A statement of the goals and objectives to
be accomplished during the period covered by the plan.
`(B) STATEMENT OF NEEDS- A statement of the housing needs of the
low-income families served by the Department and the means by which those
needs will be addressed during the period covered by the plan,
including--
`(i) a description of the estimated housing needs and the need for
assistance for the low-income families to be served by the Department,
including a description of the manner in which the geographical
distribution of assistance is consistent with--
`(I) the geographical needs of those families; and
`(II) needs for various categories of housing assistance;
and
`(ii) a description of the estimated housing needs for all families
to be served by the Department.
`(C) FINANCIAL RESOURCES- An operating budget for the Department of
Hawaiian Home Lands, in a form prescribed by the Secretary, that
includes--
`(i) an identification and a description of the financial resources
reasonably available to the Department to carry out the purposes of this
title, including an explanation of the manner in which amounts made
available will be used to leverage additional resources; and
`(ii) the uses to which the resources described in clause (i) will
be committed, including--
`(I) eligible and required affordable housing activities;
and
`(II) administrative expenses.
`(D) AFFORDABLE HOUSING RESOURCES- A statement of the affordable
housing resources currently available at the time of the submittal of the
plan and to be made available during the period covered by the plan,
including--
`(i) a description of the significant characteristics of the housing
market in the State of Hawaii, including the availability of housing
from other public sources, private market housing;
`(ii) the manner in which the characteristics referred to in clause
(i) influence the decision of the Department of Hawaiian Home Lands to
use grant amounts to be provided under this title for--
`(II) the production of new units;
`(III) the acquisition of existing units; or
`(IV) the rehabilitation of units;
`(iii) a description of the structure, coordination, and means of
cooperation between the Department of Hawaiian Home Lands and any other
governmental entities in the development, submission, or implementation
of housing plans, including a description of--
`(I) the involvement of private, public, and nonprofit
organizations and institutions;
`(II) the use of loan guarantees under section 184A of the Housing
and Community Development Act of 1992; and
`(III) other housing assistance provided by the United States,
including loans, grants, and mortgage insurance;
`(iv) a description of the manner in which the plan will address the
needs identified pursuant to subparagraph (C);
`(I) any existing or anticipated homeownership programs and rental
programs to be carried out during the period covered by the plan;
and
`(II) the requirements and assistance available under the programs
referred to in subclause (I);
`(I) any existing or anticipated housing rehabilitation programs
necessary to ensure the long-term viability of the housing to be
carried out during the period covered by the plan; and
`(II) the requirements and assistance available under the programs
referred to in subclause (I);
`(vii) a description of--
`(I) all other existing or anticipated housing assistance provided
by the Department of Hawaiian Home Lands during the period covered by
the plan, including--
`(aa) transitional housing;
`(bb) homeless housing;
`(cc) college housing; and
`(dd) supportive services housing; and
`(II) the requirements and assistance available under such
programs;
`(viii)(I) a description of any housing to be demolished or disposed
of;
`(II) a timetable for that demolition or disposition;
and
`(III) any other information required by the Secretary with respect
to that demolition or disposition;
`(ix) a description of the manner in which the Department of
Hawaiian Home Lands will coordinate with welfare agencies in the State
of Hawaii to ensure that residents of the affordable housing will be
provided with access to resources to assist in obtaining employment and
achieving self-sufficiency;
`(x) a description of the requirements established by the Department
of Hawaiian Home Lands to--
`(I) promote the safety of residents of the affordable
housing;
`(II) facilitate the undertaking of crime prevention
measures;
`(III) allow resident input and involvement, including the
establishment of resident organizations; and
`(IV) allow for the coordination of crime prevention activities
between the Department and local law enforcement officials;
and
`(xi) a description of the entities that will carry out the
activities under the plan, including the organizational capacity and key
personnel of the entities.
`(E) CERTIFICATION OF COMPLIANCE- Evidence of compliance that shall
include, as appropriate--
`(i) a certification that the Department of Hawaiian Home Lands will
comply with--
`(I) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) or with the Fair Housing Act (42 U.S.C. 3601 et seq.) in
carrying out this title, to the extent that such title is applicable;
and
`(II) other applicable Federal statutes;
`(ii) a certification that the Department will require adequate
insurance coverage for housing units that are owned and operated or
assisted with grant amounts provided under this title, in compliance
with such requirements as may be established by the
Secretary;
`(iii) a certification that policies are in effect and are available
for review by the Secretary and the public governing the eligibility,
admission, and occupancy of families for housing assisted with grant
amounts provided under this title;
`(iv) a certification that policies are in effect and are available
for review by the Secretary and the public governing rents charged,
including the methods by which such rents or homebuyer payments are
determined, for housing assisted with grant amounts provided under this
title; and
`(v) a certification that policies are in effect and are available
for review by the Secretary and the public governing the management and
maintenance of housing assisted with grant amounts provided under this
title.
`(d) APPLICABILITY OF CIVIL RIGHTS STATUTES-
`(1) IN GENERAL- To the extent that the requirements of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of the Fair Housing
Act (42 U.S.C. 3601 et seq.) apply to assistance provided under this title,
nothing in the requirements concerning discrimination on the basis of race
shall be construed to prevent the provision of assistance under this
title--
`(A) to the Department of Hawaiian Home Lands on the basis that the
Department served Native Hawaiians; or
`(B) to an eligible family on the basis that the family is a Native
Hawaiian family.
`(2) CIVIL RIGHTS- Program eligibility under this title may be
restricted to Native Hawaiians. Subject to the preceding sentence, no person
may be discriminated against on the basis of race, color, national origin,
religion, sex, familial status, or disability.
`(e) USE OF NONPROFIT ORGANIZATIONS- As a condition of receiving grant
amounts under this title, the Department of Hawaiian Home Lands shall, to the
extent practicable, provide for private nonprofit organizations experienced in
the planning and development of affordable housing for Native Hawaiians to
carry out affordable housing activities with those grant amounts.
`SEC. 804. REVIEW OF PLANS.
`(A) IN GENERAL- The Secretary shall conduct a review of a housing
plan submitted to the Secretary under section 803 to ensure that the plan
complies with the requirements of that section.
`(B) LIMITATION- The Secretary shall have the discretion to review a
plan referred to in subparagraph (A) only to the extent that the Secretary
considers that the review is necessary.
`(A) IN GENERAL- Not later than 60 days after receiving a plan under
section 803, the Secretary shall notify the Director of the Department of
Hawaiian Home Lands whether the plan complies with the requirements under
that section.
`(B) EFFECT OF FAILURE OF SECRETARY TO TAKE ACTION- For purposes of
this title, if the Secretary does not notify the Director, as required
under this subsection and subsection (b), upon the expiration of the
60-day period described in subparagraph (A)--
`(i) the plan shall be considered to have been determined to comply
with the requirements under section 803; and
`(ii) the Director shall be considered to have been notified of
compliance.
`(b) NOTICE OF REASONS FOR DETERMINATION OF NONCOMPLIANCE- If the
Secretary determines that a plan submitted under section 803 does not comply
with the requirements of that section, the Secretary shall specify in the
notice under subsection (a)--
`(1) the reasons for noncompliance; and
`(2) any modifications necessary for the plan to meet the requirements
of section 803.
`(1) IN GENERAL- After the Director of the Department of Hawaiian Home
Lands submits a housing plan under section 803, or any amendment or
modification to the plan to the Secretary, to the extent that the Secretary
considers such action to be necessary to make a determination under this
subsection, the Secretary shall review the plan (including any amendments or
modifications thereto) to determine whether the contents of the plan--
`(A) set forth the information required by section 803 to be contained
in the housing plan;
`(B) are consistent with information and data available to the
Secretary; and
`(C) are not prohibited by or inconsistent with any provision of this
Act or any other applicable law.
`(2) INCOMPLETE PLANS- If the Secretary determines under this subsection
that any of the appropriate certifications required under section
803(c)(2)(E) are not included in a plan, the plan shall be considered to be
incomplete.
`(1) IN GENERAL- Subject to paragraph (2), after a plan under section
803 has been submitted for a fiscal year, the Director of the Department of
Hawaiian Home Lands may comply with the provisions of that section for any
succeeding fiscal year (with respect to information included for the 5-year
period under section 803(b) or for the 1-year period under section 803(c))
by submitting only such information regarding such changes as may be
necessary to update the plan previously submitted.
`(2) COMPLETE PLANS- The Director shall submit a complete plan under
section 803 not later than 4 years after submitting an initial plan under
that section, and not less frequently than every 4 years thereafter.
`(e) EFFECTIVE DATE- This section and section 803 shall take effect on the
date provided by the Secretary pursuant to section 807(a) to provide for
timely submission and review of the housing plan as necessary for the
provision of assistance under this title for fiscal year 2001.
`SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
`(1) AUTHORITY TO RETAIN- The Department of Hawaiian Home Lands may
retain any program income that is realized from any grant amounts received
by the Department under this title if--
`(A) that income was realized after the initial disbursement of the
grant amounts received by the Department; and
`(B) the Director agrees to use the program income for affordable
housing activities in accordance with the provisions of this
title.
`(2) PROHIBITION OF REDUCTION OF GRANT- The Secretary may not reduce the
grant amount for the Department of Hawaiian Home Lands based solely
on--
`(A) whether the Department retains program income under paragraph
(1); or
`(B) the amount of any such program income retained.
`(3) EXCLUSION OF AMOUNTS- The Secretary may, by regulation, exclude
from consideration as program income any amounts determined to be so small
that compliance with the requirements of this subsection would create an
unreasonable administrative burden on the Department.
`(1) IN GENERAL- Any contract or agreement for assistance, sale, or
lease pursuant to this title shall contain--
`(A) a provision requiring that an amount not less than the wages
prevailing in the locality, as determined or adopted (subsequent to a
determination under applicable State or local law) by the Secretary, shall
be paid to all architects, technical engineers, draftsmen, technicians
employed in the development and all maintenance, and laborers and
mechanics employed in the operation, of the affordable housing project
involved; and
`(B) a provision that an amount not less than the wages prevailing in
the locality, as predetermined by the Secretary of Labor pursuant to the
Act commonly known as the `Davis-Bacon Act' (46 Stat. 1494; chapter 411;
40 U.S.C. 276a et seq.) shall be paid to all laborers and mechanics
employed in the development of the affordable housing involved.
`(2) EXCEPTIONS- Paragraph (1) and provisions relating to wages required
under paragraph (1) in any contract or agreement for assistance, sale, or
lease under this title, shall not apply to any individual who performs the
services for which the individual volunteered and who is not otherwise
employed at any time in the construction work and received no compensation
or is paid expenses, reasonable benefits, or a nominal fee for those
services.
`SEC. 806. ENVIRONMENTAL REVIEW.
`(A) IN GENERAL- The Secretary may carry out the alternative
environmental protection procedures described in subparagraph (B) in order
to ensure--
`(i) that the policies of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act (as specified in regulations issued by the
Secretary) are most effectively implemented in connection with the
expenditure of grant amounts provided under this title; and
`(ii) to the public undiminished protection of the
environment.
`(B) ALTERNATIVE ENVIRONMENTAL PROTECTION PROCEDURE- In lieu of
applying environmental protection procedures otherwise applicable, the
Secretary may by regulation provide for the release of funds for specific
projects to the Department of Hawaiian Home Lands if the Director of the
Department assumes all of the responsibilities for environmental review,
decisionmaking, and action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), and such other provisions of law as the
regulations of the Secretary specify, that would apply to the Secretary
were the Secretary to undertake those projects as Federal
projects.
`(A) IN GENERAL- The Secretary shall issue regulations to carry out
this section only after consultation with the Council on Environmental
Quality.
`(B) CONTENTS- The regulations issued under this paragraph
shall--
`(i) provide for the monitoring of the environmental reviews
performed under this section;
`(ii) in the discretion of the Secretary, facilitate training for
the performance of such reviews; and
`(iii) provide for the suspension or termination of the assumption
of responsibilities under this section.
`(3) EFFECT ON ASSUMED RESPONSIBILITY- The duty of the Secretary under
paragraph (2)(B) shall not be construed to limit or reduce any
responsibility assumed by the Department of Hawaiian Home Lands for grant
amounts with respect to any specific release of funds.
`(1) IN GENERAL- The Secretary shall authorize the release of funds
subject to the procedures under this section only if, not less than 15 days
before that approval and before any commitment of funds to such projects,
the Director of the Department of Hawaiian Home Lands submits to the
Secretary a request for such release accompanied by a certification that
meets the requirements of subsection (c).
`(2) EFFECT OF APPROVAL- The approval of the Secretary of a
certification described in paragraph (1) shall be deemed to satisfy the
responsibilities of the Secretary under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and such other provisions of law as the
regulations of the Secretary specify to the extent that those
responsibilities relate to the releases of funds for projects that are
covered by that certification.
`(c) CERTIFICATION- A certification under the procedures under this
section shall--
`(1) be in a form acceptable to the Secretary;
`(2) be executed by the Director of the Department of Hawaiian Home
Lands;
`(3) specify that the Department of Hawaiian Home Lands has fully
carried out its responsibilities as described under subsection (a);
and
`(4) specify that the Director--
`(A) consents to assume the status of a responsible Federal official
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and each provision of law specified in regulations issued by the
Secretary to the extent that those laws apply by reason of subsection (a);
and
`(B) is authorized and consents on behalf of the Department of
Hawaiian Home Lands and the Director to accept the jurisdiction of the
Federal courts for the purpose of enforcement of the responsibilities of
the Director of the Department of Hawaiian Home Lands as such an
official.
`SEC. 807. REGULATIONS.
`The Secretary shall issue final regulations necessary to carry out this
title not later than October 1, 2001.
`SEC. 808. EFFECTIVE DATE.
`Except as otherwise expressly provided in this title, this title shall
take effect on the date of the enactment of the American Homeownership and
Economic Opportunity Act of 2000.
`SEC. 809. AFFORDABLE HOUSING ACTIVITIES.
`(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES-
`(1) PRIMARY OBJECTIVE- The national objectives of this title
are--
`(A) to assist and promote affordable housing activities to develop,
maintain, and operate affordable housing in safe and healthy environments
for occupancy by low-income Native Hawaiian families;
`(B) to ensure better access to private mortgage markets and to
promote self-sufficiency of low-income Native Hawaiian families;
`(C) to coordinate activities to provide housing for low-income Native
Hawaiian families with Federal, State and local activities to further
economic and community development;
`(D) to plan for and integrate infrastructure resources on the
Hawaiian Home Lands with housing development; and
`(i) promote the development of private capital markets;
and
`(ii) allow the markets referred to in clause (i) to operate and
grow, thereby benefiting Native Hawaiian communities.
`(A) IN GENERAL- Except as provided under subparagraph (B), assistance
for eligible housing activities under this title shall be limited to
low-income Native Hawaiian families.
`(B) EXCEPTION TO LOW-INCOME REQUIREMENT-
`(i) IN GENERAL- The Director may provide assistance for
homeownership activities under--
`(II) model activities under section 810(f); or
`(III) loan guarantee activities under section 184A of the Housing
and Community Development Act of 1992 to Native Hawaiian families who
are not low-income families, to the extent that the Secretary approves
the activities under that section to address a need for housing for
those families that cannot be reasonably met without that
assistance.
`(ii) LIMITATIONS- The Secretary shall establish limitations on the
amount of assistance that may be provided under this title for
activities for families that are not low-income families.
`(C) OTHER FAMILIES- Notwithstanding paragraph (1), the Director may
provide housing or housing assistance provided through affordable housing
activities assisted with grant amounts under this title to a family that
is not composed of Native Hawaiians if--
`(i) the Department determines that the presence of the family in
the housing involved is essential to the well-being of Native Hawaiian
families; and
`(ii) the need for housing for the family cannot be reasonably met
without the assistance.
`(i) IN GENERAL- A housing plan submitted under section 803 may
authorize a preference, for housing or housing assistance provided
through affordable housing activities assisted with grant amounts
provided under this title to be provided, to the extent practicable, to
families that are eligible to reside on the Hawaiian Home
Lands.
`(ii) APPLICATION- In any case in which a housing plan provides for
preference described in clause (i), the Director shall ensure that
housing activities that are assisted with grant amounts under this title
are subject to that preference.
`(E) USE OF NONPROFIT ORGANIZATIONS- As a condition of receiving grant
amounts under this title, the Department of Hawaiian Home Lands, shall to
the extent practicable, provide for private nonprofit organizations
experienced in the planning and development of affordable housing for
Native Hawaiians to carry out affordable housing activities with those
grant amounts.
`SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
`(a) IN GENERAL- Affordable housing activities under this section are
activities conducted in accordance with the requirements of section 811
to--
`(1) develop or to support affordable housing for rental or
homeownership; or
`(2) provide housing services with respect to affordable housing,
through the activities described in subsection (b).
`(b) ACTIVITIES- The activities described in this subsection are the
following:
`(1) DEVELOPMENT- The acquisition, new construction, reconstruction, or
moderate or substantial rehabilitation of affordable housing, which may
include--
`(A) real property acquisition;
`(C) the development of utilities and utility services;
`(G) administration and planning; and
`(H) other related activities.
`(2) HOUSING SERVICES- The provision of housing-related services for
affordable housing, including--
`(A) housing counseling in connection with rental or homeownership
assistance;
`(B) the establishment and support of resident organizations and
resident management corporations;
`(D) activities related to the provisions of self-sufficiency and
other services; and
`(E) other services related to assisting owners, tenants, contractors,
and other entities participating or seeking to participate in other
housing activities assisted pursuant to this section.
`(3) HOUSING MANAGEMENT SERVICES- The provision of management services
for affordable housing, including--
`(A) the preparation of work specifications;
`(E) management of tenant-based rental assistance; and
`(F) management of affordable housing projects.
`(4) CRIME PREVENTION AND SAFETY ACTIVITIES- The provision of safety,
security, and law enforcement measures and activities appropriate to protect
residents of affordable housing from crime.
`(5) MODEL ACTIVITIES- Housing activities under model programs that
are--
`(A) designed to carry out the purposes of this title; and
`(B) specifically approved by the Secretary as appropriate for the
purpose referred to in subparagraph (A).
`SEC. 811. PROGRAM REQUIREMENTS.
`(1) ESTABLISHMENT- Subject to paragraph (2), as a condition to
receiving grant amounts under this title, the Director shall develop written
policies governing rents and homebuyer payments charged for dwelling units
assisted under this title, including methods by which such rents and
homebuyer payments are determined.
`(2) MAXIMUM RENT- In the case of any low-income family residing in a
dwelling unit assisted with grant amounts under this title, the monthly rent
or homebuyer payment (as applicable) for that dwelling unit may not exceed
30 percent of the monthly adjusted income of that family.
`(b) MAINTENANCE AND EFFICIENT OPERATION-
`(1) IN GENERAL- The Director shall, using amounts of any grants
received under this title, reserve and use for operating under section 810
such amounts as may be necessary to provide for the continued maintenance
and efficient operation of such housing.
`(2) DISPOSAL OF CERTAIN HOUSING- This subsection may not be construed
to prevent the Director, or any entity funded by the Department, from
demolishing or disposing of housing, pursuant to regulations established by
the Secretary.
`(c) INSURANCE COVERAGE- As a condition to receiving grant amounts under
this title, the Director shall require adequate insurance coverage for housing
units that are owned or operated or assisted with grant amounts provided under
this title.
`(d) ELIGIBILITY FOR ADMISSION- As a condition to receiving grant amounts
under this title, the Director shall develop written policies governing the
eligibility, admission, and occupancy of families for housing assisted with
grant amounts provided under this title.
`(e) MANAGEMENT AND MAINTENANCE- As a condition to receiving grant amounts
under this title, the Director shall develop policies governing the management
and maintenance of housing assisted with grant amounts under this title.
`SEC. 812. TYPES OF INVESTMENTS.
`(a) IN GENERAL- Subject to section 811 and an applicable housing plan
approved under section 803, the Director shall have--
`(1) the discretion to use grant amounts for affordable housing
activities through the use of--
`(B) interest-bearing loans or advances;
`(C) noninterest-bearing loans or advances;
`(E) the leveraging of private investments; or
`(F) any other form of assistance that the Secretary determines to be
consistent with the purposes of this title; and
`(2) the right to establish the terms of assistance provided with funds
referred to in paragraph (1).
`(b) INVESTMENTS- The Director may invest grant amounts for the purposes
of carrying out affordable housing activities in investment securities and
other obligations, as approved by the Secretary.
`SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
`(a) IN GENERAL- Housing shall qualify for affordable housing for purposes
of this title only if--
`(1) each dwelling unit in the housing--
`(A) in the case of rental housing, is made available for occupancy
only by a family that is a low-income family at the time of the initial
occupancy of that family of that unit; and
`(B) in the case of housing for homeownership, is made available for
purchase only by a family that is a low-income family at the time of
purchase; and
`(2) each dwelling unit in the housing will remain affordable, according
to binding commitments satisfactory to the Secretary, for--
`(A) the remaining useful life of the property (as determined by the
Secretary) without regard to the term of the mortgage or to transfer of
ownership; or
`(B) such other period as the Secretary determines is the longest
feasible period of time consistent with sound economics and the purposes
of this title, except upon a foreclosure by a lender (or upon other
transfer in lieu of foreclosure) if that action--
`(i) recognizes any contractual or legal rights of any public
agency, nonprofit sponsor, or other person or entity to take an action
that would--
`(I) avoid termination of low-income affordability, in the case of
foreclosure; or
`(II) transfer ownership in lieu of foreclosure;
and
`(ii) is not for the purpose of avoiding low-income affordability
restrictions, as determined by the Secretary.
`(b) EXCEPTION- Notwithstanding subsection (a), housing assisted pursuant
to section 809(a)(2)(B) shall be considered affordable housing for purposes of
this title.
`SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION.
`(a) LEASES- Except to the extent otherwise provided by or inconsistent
with the laws of the State of Hawaii, in renting dwelling units in affordable
housing assisted with grant amounts provided under this title, the Director,
owner, or manager shall use leases that--
`(1) do not contain unreasonable terms and conditions;
`(2) require the Director, owner, or manager to maintain the housing in
compliance with applicable housing codes and quality standards;
`(3) require the Director, owner, or manager to give adequate written
notice of termination of the lease, which shall be the period of time
required under applicable State or local law;
`(4) specify that, with respect to any notice of eviction or
termination, notwithstanding any State or local law, a resident shall be
informed of the opportunity, before any hearing or trial, to examine any
relevant documents, record, or regulations directly related to the eviction
or termination;
`(5) require that the Director, owner, or manager may not terminate the
tenancy, during the term of the lease, except for serious or repeated
violation of the terms and conditions of the lease, violation of applicable
Federal, State, or local law, or for other good cause; and
`(6) provide that the Director, owner, or manager may terminate the
tenancy of a resident for any activity, engaged in by the resident, any
member of the household of the resident, or any guest or other person under
the control of the resident, that--
`(A) threatens the health or safety of, or right to peaceful enjoyment
of the premises by, other residents or employees of the Department, owner,
or manager;
`(B) threatens the health or safety of, or right to peaceful enjoyment
of their premises by, persons residing in the immediate vicinity of the
premises; or
`(C) is criminal activity (including drug-related criminal activity)
on or off the premises.
`(b) TENANT OR HOMEBUYER SELECTION- As a condition to receiving grant
amounts under this title, the Director shall adopt and use written tenant and
homebuyer selection policies and criteria that--
`(1) are consistent with the purpose of providing housing for low-income
families;
`(2) are reasonably related to program eligibility and the ability of
the applicant to perform the obligations of the lease; and
`(A) the selection of tenants and homebuyers from a written waiting
list in accordance with the policies and goals set forth in an applicable
housing plan approved under section 803; and
`(B) the prompt notification in writing of any rejected applicant of
the grounds for that rejection.
`SEC. 815. REPAYMENT.
`If the Department of Hawaiian Home Lands uses grant amounts to provide
affordable housing under activities under this title and, at any time during
the useful life of the housing, the housing does not comply with the
requirement under section 813(a)(2), the Secretary shall--
`(1) reduce future grant payments on behalf of the Department by an
amount equal to the grant amounts used for that housing (under the authority
of section 819(a)(2)); or
`(2) require repayment to the Secretary of any amount equal to those
grant amounts.
`SEC. 816. ANNUAL ALLOCATION.
`For each fiscal year, the Secretary shall allocate any amounts made
available for assistance under this title for the fiscal year, in accordance
with the formula established pursuant to section 817 to the Department of
Hawaiian Home Lands if the Department complies with the requirements under
this title for a grant under this title.
`SEC. 817. ALLOCATION FORMULA.
`(a) ESTABLISHMENT- The Secretary shall, by regulation issued not later
than the expiration of the 6-month period beginning on the date of the
enactment of the American Homeownership and Economic Opportunity Act of 2000,
in the manner provided under section 807, establish a formula to provide for
the allocation of amounts available for a fiscal year for block grants under
this title in accordance with the requirements of this section.
`(b) FACTORS FOR DETERMINATION OF NEED- The formula under subsection (a)
shall be based on factors that reflect the needs for assistance for affordable
housing activities, including--
`(1) the number of low-income dwelling units owned or operated at the
time pursuant to a contract between the Director and the Secretary;
`(2) the extent of poverty and economic distress and the number of
Native Hawaiian families eligible to reside on the Hawaiian Home Lands;
and
`(3) any other objectively measurable conditions that the Secretary and
the Director may specify.
`(c) OTHER FACTORS FOR CONSIDERATION- In establishing the formula under
subsection (a), the Secretary shall consider the relative administrative
capacities of the Department of Hawaiian Home Lands and other challenges faced
by the Department, including--
`(1) geographic distribution within Hawaiian Home Lands; and
`(d) EFFECTIVE DATE- This section shall take effect on the date of the
enactment of the American Homeownership and Economic Opportunity Act of
2000.
`SEC. 818. REMEDIES FOR NONCOMPLIANCE.
`(a) ACTIONS BY SECRETARY AFFECTING GRANT AMOUNTS-
`(1) IN GENERAL- Except as provided in subsection (b), if the Secretary
finds after reasonable notice and opportunity for a hearing that the
Department of Hawaiian Home Lands has failed to comply substantially with
any provision of this title, the Secretary shall--
`(A) terminate payments under this title to the Department;
`(B) reduce payments under this title to the Department by an amount
equal to the amount of such payments that were not expended in accordance
with this title; or
`(C) limit the availability of payments under this title to programs,
projects, or activities not affected by such failure to comply.
`(2) ACTIONS- If the Secretary takes an action under subparagraph (A),
(B), or (C) of paragraph (1), the Secretary shall continue that action until
the Secretary determines that the failure by the Department to comply with
the provision has been remedied by the Department and the Department is in
compliance with that provision.
`(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL INCAPACITY- The Secretary may
provide technical assistance for the Department, either directly or
indirectly, that is designed to increase the capability and capacity of the
Director of the Department to administer assistance provided under this title
in compliance with the requirements under this title if the Secretary makes a
finding under subsection (a), but determines that the failure of the
Department to comply substantially with the provisions of this title--
`(1) is not a pattern or practice of activities constituting willful
noncompliance; and
`(2) is a result of the limited capability or capacity of the Department
of Hawaiian Home Lands.
`(c) REFERRAL FOR CIVIL ACTION-
`(1) AUTHORITY- In lieu of, or in addition to, any action that the
Secretary may take under subsection (a), if the Secretary has reason to
believe that the Department of Hawaiian Home Lands has failed to comply
substantially with any provision of this title, the Secretary may refer the
matter to the Attorney General of the United States with a recommendation
that an appropriate civil action be instituted.
`(2) CIVIL ACTION- Upon receiving a referral under paragraph (1), the
Attorney General may bring a civil action in any United States district
court of appropriate jurisdiction for such relief as may be appropriate,
including an action--
`(A) to recover the amount of the assistance furnished under this
title that was not expended in accordance with this title; or
`(B) for mandatory or injunctive relief.
`(1) IN GENERAL- If the Director receives notice under subsection (a) of
the termination, reduction, or limitation of payments under this Act, the
Director--
`(A) may, not later than 60 days after receiving such notice, file
with the United States Court of Appeals for the Ninth Circuit, or in the
United States Court of Appeals for the District of Columbia, a petition
for review of the action of the Secretary; and
`(B) upon the filing of any petition under subparagraph (A), shall
forthwith transmit copies of the petition to the Secretary and the
Attorney General of the United States, who shall represent the Secretary
in the litigation.
`(A) IN GENERAL- The Secretary shall file in the court a record of the
proceeding on which the Secretary based the action, as provided in section
2112 of title 28, United States Code.
`(B) OBJECTIONS- No objection to the action of the Secretary shall be
considered by the court unless the Department has registered the objection
before the Secretary.
`(i) JURISDICTION OF COURT- The court shall have jurisdiction to
affirm or modify the action of the Secretary or to set the action aside
in whole or in part.
`(ii) FINDINGS OF FACT- If supported by substantial evidence on the
record considered as a whole, the findings of fact by the Secretary
shall be conclusive.
`(iii) ADDITION- The court may order evidence, in addition to the
evidence submitted for review under this subsection, to be taken by the
Secretary, and to be made part of the record.
`(i) IN GENERAL- The Secretary, by reason of the additional evidence
referred to in subparagraph (A) and filed with the court--
`(aa) modify the findings of fact of the Secretary; or
`(bb) make new findings; and
`(aa) such modified or new findings; and
`(bb) the recommendation of the Secretary, if any, for the
modification or setting aside of the original action of the Secretary.
`(ii) FINDINGS- The findings referred to in clause (i)(II)(bb)
shall, with respect to a question of fact, be considered to be
conclusive if those findings are--
`(I) supported by substantial evidence on the record;
and
`(II) considered as a whole.
`(A) IN GENERAL- Except as provided in subparagraph (B), upon the
filing of the record under this subsection with the court--
`(i) the jurisdiction of the court shall be exclusive;
and
`(ii) the judgment of the court shall be final.
`(B) REVIEW BY SUPREME COURT- A judgment under subparagraph (A) shall
be subject to review by the Supreme Court of the United States upon writ
of certiorari or certification, as provided in section 1254 of title 28,
United States Code.
`SEC. 819. MONITORING OF COMPLIANCE.
`(a) ENFORCEABLE AGREEMENTS-
`(1) IN GENERAL- The Director, through binding contractual agreements
with owners or other authorized entities, shall ensure long-term compliance
with the provisions of this title.
`(2) MEASURES- The measures referred to in paragraph (1) shall provide
for--
`(A) to the extent allowable by Federal and State law, the enforcement
of the provisions of this title by the Department and the Secretary;
and
`(B) remedies for breach of the provisions referred to in paragraph
(1).
`(b) PERIODIC MONITORING-
`(1) IN GENERAL- Not less frequently than annually, the Director shall
review the activities conducted and housing assisted under this title to
assess compliance with the requirements of this title.
`(2) REVIEW- Each review under paragraph (1) shall include onsite
inspection of housing to determine compliance with applicable
requirements.
`(3) RESULTS- The results of each review under paragraph (1) shall
be--
`(A) included in a performance report of the Director submitted to the
Secretary under section 820; and
`(B) made available to the public.
`(c) PERFORMANCE MEASURES- The Secretary shall establish such performance
measures as may be necessary to assess compliance with the requirements of
this title.
`SEC. 820. PERFORMANCE REPORTS.
`(a) REQUIREMENT- For each fiscal year, the Director shall--
`(1) review the progress the Department has made during that fiscal year
in carrying out the housing plan submitted by the Department under section
803; and
`(2) submit a report to the Secretary (in a form acceptable to the
Secretary) describing the conclusions of the review.
`(b) CONTENT- Each report submitted under this section for a fiscal year
shall--
`(1) describe the use of grant amounts provided to the Department of
Hawaiian Home Lands for that fiscal year;
`(2) assess the relationship of the use referred to in paragraph (1) to
the goals identified in the housing plan;
`(3) indicate the programmatic accomplishments of the Department;
and
`(4) describe the manner in which the Department would change its
housing plan submitted under section 803 as a result of its
experiences.
`(c) SUBMISSIONS- The Secretary shall--
`(1) establish a date for submission of each report under this
section;
`(2) review each such report; and
`(3) with respect to each such report, make recommendations as the
Secretary considers appropriate to carry out the purposes of this
title.
`(d) PUBLIC AVAILABILITY-
`(1) COMMENTS BY BENEFICIARIES- In preparing a report under this
section, the Director shall make the report publicly available to the
beneficiaries of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et
seq.) and give a sufficient amount of time to permit those beneficiaries to
comment on that report before it is submitted to the Secretary (in such
manner and at such time as the Director may determine).
`(2) SUMMARY OF COMMENTS- The report shall include a summary of any
comments received by the Director from beneficiaries under paragraph (1)
regarding the program to carry out the housing plan.
`SEC. 821. REVIEW AND AUDIT BY SECRETARY.
`(1) IN GENERAL- The Secretary shall, not less frequently than on an
annual basis, make such reviews and audits as may be necessary or
appropriate to determine whether--
`(i) carried out eligible activities under this title in a timely
manner;
`(ii) carried out and made certifications in accordance with the
requirements and the primary objectives of this title and with other
applicable laws; and
`(iii) a continuing capacity to carry out the eligible activities in
a timely manner;
`(B) the Director has complied with the housing plan submitted by the
Director under section 803; and
`(C) the performance reports of the Department under section 821 are
accurate.
`(2) ONSITE VISITS- Each review conducted under this section shall, to
the extent practicable, include onsite visits by employees of the Department
of Housing and Urban Development.
`(b) REPORT BY SECRETARY- The Secretary shall give the Department of
Hawaiian Home Lands not less than 30 days to review and comment on a report
under this subsection. After taking into consideration the comments of the
Department, the Secretary may revise the report and shall make the comments of
the Department and the report with any revisions, readily available to the
public not later than 30 days after receipt of the comments of the
Department.
`(c) EFFECT OF REVIEWS- The Secretary may make appropriate adjustments in
the amount of annual grants under this title in accordance with the findings
of the Secretary pursuant to reviews and audits under this section. The
Secretary may adjust, reduce, or withdraw grant amounts, or take other action
as appropriate in accordance with the reviews and audits of the Secretary
under this section, except that grant amounts already expended on affordable
housing activities may not be recaptured or deducted from future assistance
provided to the Department of Hawaiian Home Lands.
`SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS.
`To the extent that the financial transactions of the Department of
Hawaiian Home Lands involving grant amounts under this title relate to amounts
provided under this title, those transactions may be audited by the
Comptroller General of the United States under such regulations as may be
prescribed by the Comptroller General. The Comptroller General of the United
States shall have access to all books, accounts, records, reports, files, and
other papers, things, or property belonging to or in use by the Department of
Hawaiian Home Lands pertaining to such financial transactions and necessary to
facilitate the audit.
`SEC. 823. REPORTS TO CONGRESS.
`(a) IN GENERAL- Not later than 90 days after the conclusion of each
fiscal year in which assistance under this title is made available, the
Secretary shall submit to Congress a report that contains--
`(1) a description of the progress made in accomplishing the objectives
of this title;
`(2) a summary of the use of funds available under this title during the
preceding fiscal year; and
`(3) a description of the aggregate outstanding loan guarantees under
section 184A of the Housing and Community Development Act of 1992.
`(b) RELATED REPORTS- The Secretary may require the Director to submit to
the Secretary such reports and other information as may be necessary in order
for the Secretary to prepare the report required under subsection (a).
`SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Department of Housing and
Urban Development for grants under this title such sums as may be necessary
for each of fiscal years 2001, 2002, 2003, 2004, and 2005.'.
SEC. 514. LOAN GUARANTEES.
Subtitle E of title I of the Housing and Community Development Act of 1992
is amended by inserting after section 184 (12 U.S.C. 1715z-13a) the
following:
`SEC. 184A. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
`(a) DEFINITIONS- In this section:
`(1) DEPARTMENT OF HAWAIIAN HOME LANDS- The term `Department of Hawaiian
Home Lands' means the agency or department of the government of the State of
Hawaii that is responsible for the administration of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.).
`(2) ELIGIBLE ENTITY- The term `eligible entity' means a Native Hawaiian
family, the Department of Hawaiian Home Lands, the Office of Hawaiian
Affairs, and private nonprofit or private for-profit organizations
experienced in the planning and development of affordable housing for Native
Hawaiians.
`(3) FAMILY- The term `family' means one or more persons maintaining a
household, as the Secretary shall by regulation provide.
`(4) GUARANTEE FUND- The term `Guarantee Fund' means the Native Hawaiian
Housing Loan Guarantee Fund established under subsection (i).
`(5) HAWAIIAN HOME LANDS- The term `Hawaiian Home Lands' means lands
that--
`(A) have the status of Hawaiian Home Lands under section 204 of the
Hawaiian Homes Commission Act (42 Stat. 110); or
`(B) are acquired pursuant to that Act.
`(6) NATIVE HAWAIIAN- The term `Native Hawaiian' means any individual
who is--
`(A) a citizen of the United States; and
`(B) a descendant of the aboriginal people, who, prior to 1778,
occupied and exercised sovereignty in the area that currently constitutes
the State of Hawaii, as evidenced by--
`(i) genealogical records;
`(ii) verification by kupuna (elders) or kama'aina (long-term
community residents); or
`(iii) birth records of the State of Hawaii.
`(7) OFFICE OF HAWAIIAN AFFAIRS- The term `Office of Hawaiian Affairs'
means the entity of that name established under the constitution of the
State of Hawaii.
`(b) AUTHORITY- To provide access to sources of private financing to
Native Hawaiian families who otherwise could not acquire housing financing
because of the unique legal status of the Hawaiian Home Lands or as a result
of a lack of access to private financial markets, the Secretary may guarantee
an amount not to exceed 100 percent of the unpaid principal and interest that
is due on an eligible loan under subsection (b).
`(c) ELIGIBLE LOANS- Under this section, a loan is an eligible loan if
that loan meets the following requirements:
`(1) ELIGIBLE BORROWERS- The loan is made only to a borrower who
is--
`(A) a Native Hawaiian family;
`(B) the Department of Hawaiian Home Lands;
`(C) the Office of Hawaiian Affairs; or
`(D) a private nonprofit organization experienced in the planning and
development of affordable housing for Native Hawaiians.
`(A) IN GENERAL- The loan will be used to construct, acquire, or
rehabilitate not more than 4-family dwellings that are standard housing
and are located on Hawaiian Home Lands for which a housing plan described
in subparagraph (B) applies.
`(B) HOUSING PLAN- A housing plan described in this subparagraph is a
housing plan that--
`(i) has been submitted and approved by the Secretary under section
803 of the Native American Housing Assistance and Self-Determination Act
of 1996; and
`(ii) provides for the use of loan guarantees under this section to
provide affordable homeownership housing on Hawaiian Home
Lands.
`(3) SECURITY- The loan may be secured by any collateral authorized
under applicable Federal or State law.
`(A) IN GENERAL- The loan shall be made only by a lender approved by,
and meeting qualifications established by, the Secretary, including any
lender described in subparagraph (B), except that a loan otherwise insured
or guaranteed by an agency of the Federal Government or made by the
Department of Hawaiian Home Lands from amounts borrowed from the United
States shall not be eligible for a guarantee under this section.
`(B) APPROVAL- The following lenders shall be considered to be lenders
that have been approved by the Secretary:
`(i) Any mortgagee approved by the Secretary for participation in
the single family mortgage insurance program under title II of the
National Housing Act (12 U.S.C.A. 1707 et seq.).
`(ii) Any lender that makes housing loans under chapter 37 of title
38, United States Code, that are automatically guaranteed under section
3702(d) of title 38, United States Code.
`(iii) Any lender approved by the Secretary of Agriculture to make
guaranteed loans for single family housing under the Housing Act of 1949
(42 U.S.C.A. 1441 et seq.).
`(iv) Any other lender that is supervised, approved, regulated, or
insured by any agency of the Federal Government.
`(5) TERMS- The loan shall--
`(A) be made for a term not exceeding 30 years;
`(B) bear interest (exclusive of the guarantee fee under subsection
(d) and service charges, if any) at a rate agreed upon by the borrower and
the lender and determined by the Secretary to be reasonable, but not to
exceed the rate generally charged in the area (as determined by the
Secretary) for home mortgage loans not guaranteed or insured by any agency
or instrumentality of the Federal Government;
`(C) involve a principal obligation not exceeding--
`(i) 97.75 percent of the appraised value of the property as of the
date the loan is accepted for guarantee (or 98.75 percent if the value
of the property is $50,000 or less); or
`(ii) the amount approved by the Secretary under this section;
and
`(D) involve a payment on account of the property--
`(i) in cash or its equivalent; or
`(ii) through the value of any improvements to the property made
through the skilled or unskilled labor of the borrower, as the Secretary
shall provide.
`(d) CERTIFICATE OF GUARANTEE-
`(A) IN GENERAL- Before the Secretary approves any loan for guarantee
under this section, the lender shall submit the application for the loan
to the Secretary for examination.
`(B) APPROVAL- If the Secretary approves the application submitted
under subparagraph (A), the Secretary shall issue a certificate under this
subsection as evidence of the loan guarantee approved.
`(2) STANDARD FOR APPROVAL- 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.
`(A) IN GENERAL- A certificate of guarantee issued under this
subsection by the Secretary shall be conclusive evidence of the
eligibility of the loan for guarantee under this section and the amount of
that guarantee.
`(B) EVIDENCE- The evidence referred to in subparagraph (A) shall be
incontestable in the hands of the bearer.
`(C) FULL FAITH AND CREDIT- The full faith and credit of the United
States is pledged to the payment of all amounts agreed to be paid by the
Secretary as security for the obligations made by the Secretary under this
section.
`(4) FRAUD AND MISREPRESENTATION- This subsection may not be
construed--
`(A) to preclude the Secretary from establishing defenses against the
original lender based on fraud or material misrepresentation; or
`(B) to bar the Secretary from establishing by regulations that are on
the date of issuance or disbursement, whichever is earlier, partial
defenses to the amount payable on the guarantee.
`(1) IN GENERAL- The Secretary shall fix and collect a guarantee fee for
the guarantee of a loan under this section, which may not exceed the amount
equal to 1 percent of the principal obligation of the loan.
`(2) PAYMENT- The fee under this subsection shall--
`(A) be paid by the lender at time of issuance of the guarantee;
and
`(B) be adequate, in the determination of the Secretary, to cover
expenses and probable losses.
`(3) DEPOSIT- The Secretary shall deposit any fees collected under this
subsection in the Native Hawaiian Housing Loan Guarantee Fund established
under subsection (j).
`(f) LIABILITY UNDER GUARANTEE- The liability under a guarantee provided
under this section shall decrease or increase on a pro rata basis according to
any decrease or increase in the amount of the unpaid obligation under the
provisions of the loan agreement involved.
`(g) TRANSFER AND ASSUMPTION- Notwithstanding any other provision of law,
any loan guaranteed under this section, including the security given for the
loan, may be sold or assigned by the lender to any financial institution
subject to examination and supervision by an agency of the Federal Government
or of any State or the District of Columbia.
`(h) DISQUALIFICATION OF LENDERS AND CIVIL MONEY PENALTIES-
`(A) GROUNDS FOR ACTION- The Secretary may take action under
subparagraph (B) if the Secretary determines that any lender or holder of
a guarantee certificate under subsection (c)--
`(I) to maintain adequate accounting records;
`(II) to service adequately loans guaranteed under this section;
or
`(III) to exercise proper credit or underwriting judgment;
or
`(ii) has engaged in practices otherwise detrimental to the interest
of a borrower or the United States.
`(B) ACTIONS- Upon a determination by the Secretary that a holder of a
guarantee certificate under subsection (c) has failed to carry out an
activity described in subparagraph (A)(i) or has engaged in practices
described in subparagraph (A)(ii), the Secretary may--
`(i) refuse, either temporarily or permanently, to guarantee any
further loans made by such lender or holder;
`(ii) bar such lender or holder from acquiring additional loans
guaranteed under this section; and
`(iii) require that such lender or holder assume not less than 10
percent of any loss on further loans made or held by the lender or
holder that are guaranteed under this section.
`(2) CIVIL MONEY PENALTIES FOR INTENTIONAL VIOLATIONS-
`(A) IN GENERAL- The Secretary may impose a civil monetary penalty on
a lender or holder of a guarantee certificate under subsection (d) if the
Secretary determines that the holder or lender has intentionally
failed--
`(i) to maintain adequate accounting records;
`(ii) to adequately service loans guaranteed under this section;
or
`(iii) to exercise proper credit or underwriting
judgment.
`(B) PENALTIES- A civil monetary penalty imposed under this paragraph
shall be imposed in the manner and be in an amount provided under section
536 of the National Housing Act (12 U.S.C.A. 1735f-1) with respect to
mortgagees and lenders under that Act.
`(3) PAYMENT ON LOANS MADE IN GOOD FAITH- Notwithstanding paragraphs (1)
and (2), if a loan was made in good faith, the Secretary may not refuse to
pay a lender or holder of a valid guarantee on that loan, without regard to
whether the lender or holder is barred under this subsection.
`(i) PAYMENT UNDER GUARANTEE-
`(i) NOTIFICATION- If a borrower on a loan guaranteed under this
section defaults on the loan, the holder of the guarantee certificate
shall provide written notice of the default to the
Secretary.
`(ii) PAYMENT- Upon providing the notice required under clause (i),
the holder of the guarantee certificate shall be entitled to payment
under the guarantee (subject to the provisions of this section) and may
proceed to obtain payment in one of the following manners:
`(aa) IN GENERAL- The holder of the certificate may initiate
foreclosure proceedings (after providing written notice of that action to the
Secretary).
`(bb) PAYMENT- Upon a final order by the court authorizing
foreclosure and submission to the Secretary of a claim for payment under the
guarantee, the Secretary shall pay to the holder of the certificate the pro rata
portion of the amount guaranteed (as determined pursuant to subsection (f)) plus
reasonable fees and expenses as approved by the Secretary.
`(cc) SUBROGATION- The rights of the Secretary shall be subrogated to
the rights of the holder of the guarantee. The holder shall assign the
obligation and security to the Secretary.
`(aa) IN GENERAL- Without seeking foreclosure (or in any case in
which a foreclosure proceeding initiated under clause (i) continues for a period
in excess of 1 year), the holder of the guarantee may submit to the Secretary a
request to assign the obligation and security interest to the Secretary in
return for payment of the claim under the guarantee. The Secretary may accept
assignment of the loan if the Secretary determines that the assignment is in the
best interest of the United States.
`(bb) PAYMENT- Upon assignment, the Secretary shall pay to the holder
of the guarantee the pro rata portion of the amount guaranteed (as determined
under subsection (f)).
`(cc) SUBROGATION- The rights of the Secretary shall be subrogated to
the rights of the holder of the guarantee. The holder shall assign the
obligation and security to the Secretary.
`(B) REQUIREMENTS- Before any payment under a guarantee is made under
subparagraph (A), the holder of the guarantee shall exhaust all reasonable
possibilities of collection. Upon payment, in whole or in part, to the
holder, the note or judgment evidencing the debt shall be assigned to the
United States and the holder shall have no further claim against the
borrower or the United States. The Secretary shall then take such action
to collect as the Secretary determines to be appropriate.
`(2) LIMITATIONS ON LIQUIDATION-
`(A) IN GENERAL- If a borrower defaults on a loan guaranteed under
this section that involves a security interest in restricted Hawaiian Home
Land property, the mortgagee or the Secretary shall only pursue
liquidation after offering to transfer the account to another eligible
Hawaiian family or the Department of Hawaiian Home Lands.
`(B) LIMITATION- If, after action is taken under subparagraph (A), the
mortgagee or the Secretary subsequently proceeds to liquidate the account,
the mortgagee or the Secretary shall not sell, transfer, or otherwise
dispose of or alienate the property described in subparagraph (A) except
to another eligible Hawaiian family or to the Department of Hawaiian Home
Lands.
`(j) HAWAIIAN HOUSING LOAN GUARANTEE FUND-
`(1) ESTABLISHMENT- There is established in the Treasury of the United
States the Hawaiian Housing Loan Guarantee Fund for the purpose of providing
loan guarantees under this section.
`(2) CREDITS- The Guarantee Fund shall be credited with--
`(A) any amount, claims, notes, mortgages, contracts, and property
acquired by the Secretary under this section, and any collections and
proceeds therefrom;
`(B) any amounts appropriated pursuant to paragraph (7);
`(C) any guarantee fees collected under subsection (d); and
`(D) any interest or earnings on amounts invested under paragraph
(4).
`(3) USE- Amounts in the Guarantee Fund shall be available, to the
extent provided in appropriations Acts, for--
`(A) fulfilling any obligations of the Secretary with respect to loans
guaranteed under this section, including the costs (as that term is
defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a)) of such loans;
`(B) paying taxes, insurance, prior liens, expenses necessary to make
fiscal adjustment in connection with the application and transmittal of
collections, and other expenses and advances to protect the Secretary for
loans which are guaranteed under this section or held by the
Secretary;
`(C) acquiring such security property at foreclosure sales or
otherwise;
`(D) paying administrative expenses in connection with this section;
and
`(E) reasonable and necessary costs of rehabilitation and repair to
properties that the Secretary holds or owns pursuant to this
section.
`(4) INVESTMENT- Any amounts in the Guarantee Fund determined by the
Secretary to be in excess of amounts currently required at the time of the
determination to carry out this section may be invested in obligations of
the United States.
`(5) LIMITATION ON COMMITMENTS TO GUARANTEE LOANS AND MORTGAGES-
`(A) REQUIREMENT OF APPROPRIATIONS- The authority of the Secretary to
enter into commitments to guarantee loans under this section shall be
effective for any fiscal year to the extent, or in such amounts as are, or
have been, provided in appropriations Acts, without regard to the fiscal
year for which such amounts were appropriated.
`(B) LIMITATIONS ON COSTS OF GUARANTEES- The authority of the
Secretary to enter into commitments to guarantee loans under this section
shall be effective for any fiscal year only to the extent that amounts in
the Guarantee Fund are or have been made available in appropriations Acts
to cover the costs (as that term is defined in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a)) of such loan guarantees for
such fiscal year. Any amounts appropriated pursuant to this subparagraph
shall remain available until expended.
`(C) LIMITATION ON OUTSTANDING AGGREGATE PRINCIPAL AMOUNT- Subject to
the limitations in subparagraphs (A) and (B), the Secretary may enter into
commitments to guarantee loans under this section for each of fiscal years
2001, 2002, 2003, 2004, and 2005 with an aggregate outstanding principal
amount not exceeding $100,000,000 for each such fiscal year.
`(6) LIABILITIES- All liabilities and obligations of the assets credited
to the Guarantee Fund under paragraph (2)(A) shall be liabilities and
obligations of the Guarantee Fund.
`(7) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Guarantee Fund to carry out this section such sums as
may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and
2005.
`(k) REQUIREMENTS FOR STANDARD HOUSING-
`(1) IN GENERAL- The Secretary shall, by regulation, establish housing
safety and quality standards to be applied for use under this section.
`(2) STANDARDS- The standards referred to in paragraph (1) shall--
`(A) provide sufficient flexibility to permit the use of various
designs and materials in housing acquired with loans guaranteed under this
section; and
`(B) require each dwelling unit in any housing acquired in the manner
described in subparagraph (A) to--
`(i) be decent, safe, sanitary, and modest in size and
design;
`(ii) conform with applicable general construction standards for the
region in which the housing is located;
`(iii) contain a plumbing system that--
`(I) uses a properly installed system of piping;
`(II) includes a kitchen sink and a partitional bathroom with
lavatory, toilet, and bath or shower; and
`(III) uses water supply, plumbing, and sewage disposal systems
that conform to any minimum standards established by the applicable
county or State;
`(iv) contain an electrical system using wiring and equipment
properly installed to safely supply electrical energy for adequate
lighting and for operation of appliances that conforms to any
appropriate county, State, or national code;
`(v) be not less than the size provided under the applicable locally
adopted standards for size of dwelling units, except that the Secretary,
upon request of the Department of Hawaiian Home Lands may waive the size
requirements under this paragraph; and
`(vi) conform with the energy performance requirements for new
construction established by the Secretary under section 526(a) of the
National Housing Act (12 U.S.C.A. 1735f-4), unless the Secretary
determines that the requirements are not applicable.
`(l) APPLICABILITY OF CIVIL RIGHTS STATUTES- To the extent that the
requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) or of the Fair Housing Act (42 U.S.C.A. 3601 et seq.) apply to a
guarantee provided under this subsection, nothing in the requirements
concerning discrimination on the basis of race shall be construed to prevent
the provision of the guarantee to an eligible entity on the basis that the
entity serves Native Hawaiian families or is a Native Hawaiian family.'.
TITLE VI--MANUFACTURED HOUSING IMPROVEMENT
SEC. 601. SHORT TITLE; REFERENCES.
(a) SHORT TITLE- This title may be cited as the `Manufactured Housing
Improvement Act of 2000'.
(b) REFERENCES- Whenever in this title an amendment is expressed in terms
of an amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to that section or other provision of the
National Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. 5401 et seq.).
SEC. 602. FINDINGS AND PURPOSES.
Section 602 (42 U.S.C. 5401) is amended to read as follows:
`SEC. 602. FINDINGS AND PURPOSES.
`(a) FINDINGS- Congress finds that--
`(1) manufactured housing plays a vital role in meeting the housing
needs of the Nation; and
`(2) manufactured homes provide a significant resource for affordable
homeownership and rental housing accessible to all Americans.
`(b) PURPOSES- The purposes of this title are--
`(1) to protect the quality, durability, safety, and affordability of
manufactured homes;
`(2) to facilitate the availability of affordable manufactured homes and
to increase homeownership for all Americans;
`(3) to provide for the establishment of practical, uniform, and, to the
extent possible, performance-based Federal construction standards for
manufactured homes;
`(4) to encourage innovative and cost-effective construction techniques
for manufactured homes;
`(5) to protect residents of manufactured homes with respect to personal
injuries and the amount of insurance costs and property damages in
manufactured housing, consistent with the other purposes of this
section;
`(6) to establish a balanced consensus process for the development,
revision, and interpretation of Federal construction and safety standards
for manufactured homes and related regulations for the enforcement of such
standards;
`(7) to ensure uniform and effective enforcement of Federal construction
and safety standards for manufactured homes; and
`(8) to ensure that the public interest in, and need for, affordable
manufactured housing is duly considered in all determinations relating to
the Federal standards and their enforcement.'.
SEC. 603. DEFINITIONS.
(a) IN GENERAL- Section 603 (42 U.S.C. 5402) is amended--
(1) in paragraph (2), by striking `dealer' and inserting
`retailer';
(2) in paragraph (12), by striking `and' at the end;
(3) in paragraph (13), by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
`(14) `administering organization' means the recognized, voluntary,
private sector, consensus standards body with specific experience in
developing model residential building codes and standards involving all
disciplines regarding construction and safety that administers the consensus
standards through a development process;
`(15) `consensus committee' means the committee established under
section 604(a)(3);
`(16) `consensus standards development process' means the process by
which additions, revisions, and interpretations to the Federal manufactured
home construction and safety standards and enforcement regulations shall be
developed and recommended to the Secretary by the consensus committee;
`(17) `primary inspection agency' means a State agency or private
organization that has been approved by the Secretary to act as a design
approval primary inspection agency or a production inspection primary
inspection agency, or both;
`(18) `design approval primary inspection agency' means a State agency
or private organization that has been approved by the Secretary to evaluate
and either approve or disapprove manufactured home designs and quality
control procedures;
`(19) `installation standards' means reasonable specifications for the
installation of a manufactured home, at the place of occupancy, to ensure
proper siting, the joining of all sections of the home, and the installation
of stabilization, support, or anchoring systems;
`(20) `monitoring' means the process of periodic review of the primary
inspection agencies, by the Secretary or by a State agency under an approved
State plan pursuant to section 623, in accordance with regulations
promulgated under this title, giving due consideration to the
recommendations of the consensus committee under section 604(b), which
process shall be for the purpose of ensuring that the primary inspection
agencies are discharging their duties under this title; and
`(21) `production inspection primary inspection agency' means a State
agency or private organization that has been approved by the Secretary to
evaluate the ability of manufactured home manufacturing plants to comply
with approved quality control procedures and with the Federal manufactured
home construction and safety standards promulgated hereunder, including the
inspection of homes in the plant.'.
(b) CONFORMING AMENDMENTS- The National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) is amended--
(1) in section 613 (42 U.S.C. 5412), by striking `dealer' each place it
appears and inserting `retailer';
(2) in section 614(f) (42 U.S.C. 5413(f)), by striking `dealer' each
place it appears and inserting `retailer';
(3) in section 615 (42 U.S.C. 5414)--
(A) in subsection (b)(1), by striking `dealer' and inserting
`retailer';
(B) in subsection (b)(3), by striking `dealer or dealers' and
inserting `retailer or retailers'; and
(C) in subsections (d) and (f), by striking `dealers' each place it
appears and inserting `retailers';
(4) in section 616 (42 U.S.C. 5415), by striking `dealer' and inserting
`retailer'; and
(5) in section 623(c)(9), by striking `dealers' and inserting
`retailers'.
SEC. 604. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS.
Section 604 (42 U.S.C. 5403) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
`(1) AUTHORITY- The Secretary shall establish, by order, appropriate
Federal manufactured home construction and safety standards, each of
which--
`(i) be reasonable and practical;
`(ii) meet high standards of protection consistent with the purposes
of this title; and
`(iii) be performance-based and objectively stated, unless clearly
inappropriate; and
`(B) except as provided in subsection (b), shall be established in
accordance with the consensus standards development process.
`(2) CONSENSUS STANDARDS AND REGULATORY DEVELOPMENT PROCESS-
`(A) INITIAL AGREEMENT- Not later than 180 days after the date of the
enactment of the Manufactured Housing Improvement Act of 2000, the
Secretary shall enter into a contract with an administering organization.
The contractual agreement shall--
`(i) terminate on the date on which a contract is entered into under
subparagraph (B); and
`(ii) require the administering organization to--
`(I) recommend the initial members of the consensus committee
under paragraph (3);
`(II) administer the consensus standards development process until
the termination of that agreement; and
`(III) administer the consensus development and interpretation
process for procedural and enforcement regulations and regulations
specifying the permissible scope and conduct of monitoring until the
termination of that agreement.
`(B) COMPETITIVELY PROCURED CONTRACT- Upon the expiration of the
4-year period beginning on the date on which all members of the consensus
committee are appointed under paragraph (3), the Secretary shall, using
competitive procedures (as such term is defined in section 4 of the Office
of Federal Procurement Policy Act), enter into a competitively awarded
contract with an administering organization. The administering
organization shall administer the consensus process for the development
and interpretation of the Federal standards, the procedural and
enforcement regulations, and regulations specifying the permissible scope
and conduct of monitoring, in accordance with this title.
`(C) PERFORMANCE REVIEW- The Secretary--
`(i) shall periodically review the performance of the administering
organization; and
`(ii) may replace the administering organization with another
qualified technical or building code organization, pursuant to
competitive procedures, if the Secretary determines in writing that the
administering organization is not fulfilling the terms of the agreement
or contract to which the administering organization is subject or upon
the expiration of the agreement or contract.
`(3) CONSENSUS COMMITTEE-
`(A) PURPOSE- There is established a committee to be known as the
`consensus committee', which shall, in accordance with this
title--
`(i) provide periodic recommendations to the Secretary to adopt,
revise, and interpret the Federal manufactured housing construction and
safety standards in accordance with this subsection;
`(ii) provide periodic recommendations to the Secretary to adopt,
revise, and interpret the procedural and enforcement regulations,
including regulations specifying the permissible scope and conduct of
monitoring in accordance with subsection (b);
`(iii) be organized and carry out its business in a manner that
guarantees a fair opportunity for the expression and consideration of
various positions and for public participation; and
`(iv) be deemed to be an advisory committee not composed of Federal
employees.
`(B) MEMBERSHIP- The consensus committee shall be composed
of--
`(i) 21 voting members appointed by the Secretary, after
consideration of the recommendations of the administering organization,
from among individuals who are qualified by background and experience to
participate in the work of the consensus committee; and
`(ii) 1 nonvoting member appointed by the Secretary to represent the
Secretary on the consensus committee.
`(C) DISAPPROVAL- The Secretary shall state, in writing, the reasons
for failing to appoint any individual recommended under paragraph
(2)(A)(ii)(I).
`(D) SELECTION PROCEDURES AND REQUIREMENTS- Each member of the
consensus committee shall be appointed in accordance with selection
procedures, which shall be based on the procedures for consensus
committees promulgated by the American National Standards Institute (or
successor organization), except that the American National Standards
Institute interest categories shall be modified for purposes of this
paragraph to ensure equal representation on the consensus committee of the
following interest categories:
`(i) PRODUCERS- Seven producers or retailers of manufactured
housing.
`(ii) USERS- Seven persons representing consumer interests, such as
consumer organizations, recognized consumer leaders, and owners who are
residents of manufactured homes.
`(iii) GENERAL INTEREST AND PUBLIC OFFICIALS- Seven general interest
and public official members.
`(E) BALANCING OF INTERESTS-
`(i) IN GENERAL- In order to achieve a proper balance of interests
on the consensus committee, the Secretary, in appointing the members of
the consensus committee--
`(I) shall ensure that all directly and materially affected
interests have the opportunity for fair and equitable participation
without dominance by any single interest; and
`(II) may reject the appointment of any 1 or more individuals in
order to ensure that there is not dominance by any single
interest.
`(ii) DOMINANCE DEFINED- In this subparagraph, the term `dominance'
means a position or exercise of dominant authority, leadership, or
influence by reason of superior leverage, strength, or
representation.
`(F) ADDITIONAL QUALIFICATIONS-
`(i) FINANCIAL INDEPENDENCE- No individual appointed under
subparagraph (D)(ii) shall have, and 3 of the individuals appointed
under subparagraph (D)(iii) shall not have--
`(I) a significant financial interest in any segment of the
manufactured housing industry; or
`(II) a significant relationship to any person engaged in the
manufactured housing industry.
`(ii) POST-EMPLOYMENT BAN- Each individual described in clause (i)
shall be subject to a ban disallowing compensation from the manufactured
housing industry during the period of, and during the 1-year following,
the membership of the individual on the consensus committee.
`(i) NOTICE; OPEN TO PUBLIC- The consensus committee shall provide
advance notice of each meeting of the consensus committee to the
Secretary and cause to be published in the Federal Register advance
notice of each such meeting. All meetings of the consensus committee
shall be open to the public.
`(ii) REIMBURSEMENT- Members of the consensus committee in
attendance at meetings of the consensus committee shall be reimbursed
for their actual expenses as authorized by section 5703 of title 5,
United States Code, for persons employed intermittently in Government
service.
`(H) ADMINISTRATION- The consensus committee and the administering
organization shall--
`(i) operate in conformance with the procedures established by the
American National Standards Institute for the development and
coordination of American National Standards; and
`(ii) apply to the American National Standards Institute and take
such other actions as may be necessary to obtain accreditation from the
American National Standards Institute.
`(I) STAFF AND TECHNICAL SUPPORT- The administering organization
shall, upon the request of the consensus committee--
`(i) provide reasonable staff resources to the consensus committee;
and
`(ii) furnish technical support in a timely manner to any of the
interest categories described in subparagraph (D) represented on the
consensus committee, if--
`(I) the support is necessary to ensure the informed participation
of the consensus committee members; and
`(II) the costs of providing the support are
reasonable.
`(J) DATE OF INITIAL APPOINTMENTS- The initial appointments of all of
the members of the consensus committee shall be completed not later than
90 days after the date on which a contractual agreement under paragraph
(2)(A) is entered into with the administering organization.
`(4) REVISIONS OF STANDARDS-
`(A) IN GENERAL- Beginning on the date on which all members of the
consensus committee are appointed under paragraph (3), the consensus
committee shall, not less than once during each 2-year period--
`(i) consider revisions to the Federal manufactured home
construction and safety standards; and
`(ii) submit proposed revised standards, if approved in a vote of
the consensus committee by 2/3 of the members, to the Secretary in the
form of a proposed rule, including an economic analysis.
`(B) PUBLICATION OF PROPOSED REVISED STANDARDS-
`(i) PUBLICATION BY SECRETARY- The consensus committee shall provide
a proposed revised standard under subparagraph (A)(ii) to the Secretary
who shall, not later than 30 days after receipt, cause such proposed
revised standard to be published in the Federal Register for notice and
comment in accordance with section 553 of title 5, United States Code.
Unless clause (ii) applies, the Secretary shall provide an opportunity
for public comment on such proposed revised standard in accordance with
such section 553 and any such comments shall be submitted directly to
the consensus committee, without delay.
`(ii) PUBLICATION OF REJECTED PROPOSED REVISED STANDARDS- If the
Secretary rejects the proposed revised standard, the Secretary shall
cause to be published in the Federal Register the rejected proposed
revised standard, the reasons for rejection, and any recommended
modifications set forth.
`(C) PRESENTATION OF PUBLIC COMMENTS; PUBLICATION OF RECOMMENDED
REVISIONS-
`(i) PRESENTATION- Any public comments, views, and objections to a
proposed revised standard published under subparagraph (B) shall be
presented by the Secretary to the consensus committee upon their receipt
and in the manner received, in accordance with procedures established by
the American National Standards Institute.
`(ii) PUBLICATION BY THE SECRETARY- The consensus committee shall
provide to the Secretary any revision proposed by the consensus
committee, which the Secretary shall, not later than 30 calendar days
after receipt, cause to be published in the Federal Register a notice of
the recommended revisions of the consensus committee to the standards, a
notice of the submission of the recommended revisions to the Secretary,
and a description of the circumstances under which the proposed revised
standards could become effective.
`(iii) PUBLICATION OF REJECTED PROPOSED REVISED STANDARDS- If the
Secretary rejects the proposed revised standard, the Secretary shall
cause to be published in the Federal Register the rejected proposed
revised standard, the reasons for rejection, and any recommended
modifications set forth.
`(5) REVIEW BY THE SECRETARY-
`(A) IN GENERAL- The Secretary shall either adopt, modify, or reject a
standard, as submitted by the consensus committee under paragraph
(4)(A).
`(B) TIMING- Not later than 12 months after the date on which a
standard is submitted to the Secretary by the consensus committee, the
Secretary shall take action regarding such standard under subparagraph
(C).
`(C) PROCEDURES- If the Secretary--
`(i) adopts a standard recommended by the consensus committee, the
Secretary shall--
`(I) issue a final order without further rulemaking;
and
`(II) cause the final order to be published in the Federal
Register;
`(ii) determines that any standard should be rejected, the Secretary
shall--
`(I) reject the standard; and
`(II) cause to be published in the Federal Register a notice to
that effect, together with the reason or reasons for rejecting the
proposed standard; or
`(iii) determines that a standard recommended by the consensus
committee should be modified, the Secretary shall--
`(I) cause to be published in the Federal Register the proposed
modified standard, together with an explanation of the reason or
reasons for the determination of the Secretary; and
`(II) provide an opportunity for public comment in accordance with
section 553 of title 5, United States Code.
`(D) FINAL ORDER- Any final standard under this paragraph shall become
effective pursuant to subsection (c).
`(6) FAILURE TO ACT- If the Secretary fails to take final action under
paragraph (5) and to cause notice of the action to be published in the
Federal Register before the expiration of the 12-month period beginning on
the date on which the proposed revised standard is submitted to the
Secretary under paragraph (4)(A)--
`(A) the Secretary shall appear in person before the appropriate
housing and appropriations subcommittees and committees of the House of
Representatives and the Senate (referred to in this paragraph as the
`committees') on a date or dates to be specified by the committees, but in
no event later than 30 days after the expiration of that 12-month period,
and shall state before the committees the reasons for failing to take
final action as required under paragraph (5); and
`(B) if the Secretary does not appear in person as required under
subparagraph (A), the Secretary shall thereafter, and until such time as
the Secretary does appear as required under subparagraph (A), be
prohibited from expending any funds collected under authority of this
title in an amount greater than that collected and expended in the fiscal
year immediately preceding the date of the enactment of the Manufactured
Housing Improvement Act of 2000, indexed for inflation as determined by
the Congressional Budget Office.
`(1) REGULATIONS- The Secretary may issue procedural and enforcement
regulations and revisions to existing regulations as necessary to implement
the provisions of this title. The consensus committee may submit to the
Secretary proposed procedural and enforcement regulations and
recommendations for the revision of such regulations.
`(2) INTERPRETATIVE BULLETINS- The Secretary may issue interpretative
bulletins to clarify the meaning of any Federal manufactured home
construction and safety standard or procedural and enforcement regulation.
The consensus committee may submit to the Secretary proposed interpretative
bulletins to clarify the meaning of any Federal manufactured home
construction and safety standard or procedural and enforcement
regulation.
`(3) REVIEW BY CONSENSUS COMMITTEE- Before issuing a procedural or
enforcement regulation or an interpretative bulletin--
`(A) the Secretary shall--
`(i) submit the proposed procedural or enforcement regulation or
interpretative bulletin to the consensus committee; and
`(ii) provide the consensus committee with a period of 120 days to
submit written comments to the Secretary on the proposed procedural or
enforcement regulation or the interpretative bulletin; and
`(B) if the Secretary rejects any significant comment provided by the
consensus committee under subparagraph (A), the Secretary shall provide a
written explanation of the reasons for the rejection to the consensus
committee; and
`(C) following compliance with subparagraphs (A) and (B), the
Secretary shall--
`(i) cause the proposed regulation or interpretative bulletin and
the consensus committee's written comments, along with the Secretary's
response thereto, to be published in the Federal Register;
and
`(ii) provide an opportunity for public comment in accordance with
section 553 of title 5, United States Code.
`(4) REQUIRED ACTION- Not later than 120 days after the date on which
the Secretary receives a proposed regulation or interpretative bulletin
submitted by the consensus committee, the Secretary shall--
`(A) approve the proposal and cause the proposed regulation or
interpretative bulletin to be published for public comment in accordance
with section 553 of title 5, United States Code; or
`(B) reject the proposed regulation or interpretative bulletin
and--
`(i) provide to the consensus committee a written explanation of the
reasons for rejection; and
`(ii) cause to be published in the Federal Register the rejected
proposed regulation or interpretive bulletin, the reasons for rejection,
and any recommended modifications set forth.
`(5) AUTHORITY TO ACT AND EMERGENCY- If the Secretary determines, in
writing, that such action is necessary to address an issue on which the
Secretary determines that the consensus committee has not made a timely
recommendation following a request by the Secretary, or in order to respond
to an emergency that jeopardizes the public health or safety, the Secretary
may issue an order that is not developed under the procedures set forth in
subsection (a) or in this subsection, if the Secretary--
`(A) provides to the consensus committee a written description and
sets forth the reasons why action is necessary and all supporting
documentation; and
`(B) issues the order after notice and an opportunity for public
comment in accordance with section 553 of title 5, United States Code, and
causes the order to be published in the Federal Register.
`(6) CHANGES- Any statement of policies, practices, or procedures
relating to construction and safety standards, regulations, inspections,
monitoring, or other enforcement activities that constitutes a statement of
general or particular applicability to implement, interpret, or prescribe
law or policy by the Secretary is subject to subsection (a) or this
subsection. Any change adopted in violation of subsection (a) or this
subsection is void.
`(7) TRANSITION- Until the date on which the consensus committee is
appointed pursuant to section 604(a)(3), the Secretary may issue proposed
orders, pursuant to notice and comment in accordance with section 553 of
title 5, United States Code, that are not developed under the procedures set
forth in this section for new and revised standards.';
(2) in subsection (d), by adding at the end the following: `Federal
preemption under this subsection shall be broadly and liberally construed to
ensure that disparate State or local requirements or standards do not affect
the uniformity and comprehensiveness of the standards promulgated under this
section nor the Federal superintendence of the manufactured housing industry
as established by this title. Subject to section 605, there is reserved to
each State the right to establish standards for the stabilizing and support
systems of manufactured homes sited within that State, and for the
foundations on which manufactured homes sited within that State are
installed, and the right to enforce compliance with such standards, except
that such standards shall be consistent with the purposes of this title and
shall be consistent with the design of the manufacturer.';
(3) by striking subsection (e);
(4) in subsection (f), by striking the subsection designation and all of
the matter that precedes paragraph (1) and inserting the following:
`(e) CONSIDERATIONS IN ESTABLISHING AND INTERPRETING STANDARDS AND
REGULATIONS- The consensus committee, in recommending standards, regulations,
and interpretations, and the Secretary, in establishing standards or
regulations or issuing interpretations under this section, shall--';
(5) by striking subsection (g);
(6) in the first sentence of subsection (j), by striking `subsection
(f)' and inserting `subsection (e)'; and
(7) by redesignating subsections (h), (i), and (j), as subsections (f),
(g), and (h), respectively.
SEC. 605. ABOLISHMENT OF NATIONAL MANUFACTURED HOME ADVISORY COUNCIL;
MANUFACTURED HOME INSTALLATION.
(a) IN GENERAL- Section 605 (42 U.S.C. 5404) is amended to read as
follows:
`SEC. 605. MANUFACTURED HOME INSTALLATION.
`(a) PROVISION OF INSTALLATION DESIGN AND INSTRUCTIONS- A manufacturer
shall provide with each manufactured home, design and instructions for the
installation of the manufactured home that have been approved by a design
approval primary inspection agency. After establishment of model standards
under subsection (b)(2), a design approval primary inspection agency may not
give such approval unless a design and instruction provides equal or greater
protection than the protection provided under such model standards.
`(b) MODEL MANUFACTURED HOME INSTALLATION STANDARDS-
`(1) PROPOSED MODEL STANDARDS- Not later than 18 months after the date
on which the initial appointments of all of the members of the consensus
committee are completed, the consensus committee shall develop and submit to
the Secretary proposed model manufactured home installation standards, which
shall, to the maximum extent practicable, taking into account the factors
described in section 604(e), be consistent with--
`(A) the manufactured home designs that have been approved by a design
approval primary inspection agency; and
`(B) the designs and instructions for the installation of manufactured
homes provided by manufacturers under subsection (a).
`(2) ESTABLISHMENT OF MODEL STANDARDS- Not later than 12 months after
receiving the proposed model standards submitted under paragraph (1), the
Secretary shall develop and establish model manufactured home installation
standards, which shall, to the maximum extent practicable, taking into
account the factors described in section 604(e), be consistent with--
`(A) the manufactured home designs that have been approved by a design
approval primary inspection agency; and
`(B) the designs and instructions for the installation of manufactured
homes provided by manufacturers under subsection (a).
`(3) FACTORS FOR CONSIDERATION-
`(A) CONSENSUS COMMITTEE- In developing the proposed model standards
under paragraph (1), the consensus committee shall consider the factors
described in section 604(e).
`(B) SECRETARY- In developing and establishing the model standards
under paragraph (2), the Secretary shall consider the factors described in
section 604(e).
`(4) ISSUANCE- The model manufactured home installation standards shall
be issued after notice and an opportunity for public comment in accordance
with section 553 of title 5, United States Code.
`(c) MANUFACTURED HOME INSTALLATION PROGRAMS-
`(1) PROTECTION OF MANUFACTURED HOUSING RESIDENTS DURING INITIAL PERIOD-
During the 5-year period beginning on the date of the enactment of the
Manufactured Housing Improvement Act of 2000, no State or manufacturer may
establish or implement any installation standards that, in the determination
of the Secretary, provide less protection to the residents of manufactured
homes than the protection provided by the installation standards in effect
with respect to the State or manufacturer, as applicable, on the date of the
enactment of the Manufactured Housing Improvement Act of 2000.
`(2) INSTALLATION STANDARDS-
`(A) ESTABLISHMENT OF INSTALLATION PROGRAM- Not later than the
expiration of the 5-year period described in paragraph (1), the Secretary
shall establish an installation program that meets the requirements of
paragraph (3) for the enforcement of installation standards in each State
described in subparagraph (B) of this paragraph.
`(B) IMPLEMENTATION OF INSTALLATION PROGRAM- Beginning on the
expiration of the 5-year period described in paragraph (1), the Secretary
shall implement the installation program established under subparagraph
(A) in each State that does not have an installation program established
by State law that meets the requirements of paragraph (3).
`(C) CONTRACTING OUT OF IMPLEMENTATION- In carrying out subparagraph
(B), the Secretary may contract with an appropriate agent to implement the
installation program established under that subparagraph, except that such
agent shall not be a person or entity other than a government, nor an
affiliate or subsidiary of such a person or entity, that has entered into
a contract with the Secretary to implement any other regulatory program
under this title.
`(3) REQUIREMENTS- An installation program meets the requirements of
this paragraph if it is a program regulating the installation of
manufactured homes that includes--
`(A) installation standards that, in the determination of the
Secretary, provide protection to the residents of manufactured homes that
equals or exceeds the protection provided to those residents by--
`(i) the model manufactured home installation standards established
by the Secretary under subsection (b)(2); or
`(ii) the designs and instructions provided by manufacturers under
subsection (a), if the Secretary determines that such designs and
instructions provide protection to the residents of manufactured homes
that equals or exceeds the protection provided by the model manufactured
home installation standards established by the Secretary under
subsection (b)(2);
`(B) the training and licensing of manufactured home installers;
and
`(C) inspection of the installation of manufactured homes.'.
(b) CONFORMING AMENDMENTS- Section 623(c) (42 U.S.C. 5422(c)) is
amended--
(1) in paragraph (10), by striking `and' at the end;
(2) by redesignating paragraph (11) as paragraph (13); and
(3) by inserting after paragraph (10) the following:
`(11) with respect to any State plan submitted on or after the
expiration of the 5-year period beginning on the date of the enactment of
the Manufactured Housing Improvement Act of 2000, provides for an
installation program established by State law that meets the requirements of
section 605(c)(3);'.
SEC. 606. PUBLIC INFORMATION.
Section 607 (42 U.S.C. 5406) is amended--
(A) by inserting `to the Secretary' after `submit'; and
(B) by adding at the end the following: `The Secretary shall submit
such cost and other information to the consensus committee for
evaluation.';
(2) in subsection (d), by inserting `, the consensus committee,' after
`public'; and
(3) by striking subsection (c) and redesignating subsections (d) and (e)
as subsections (c) and (d), respectively.
SEC. 607. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.
(a) IN GENERAL- Section 608(a) (42 U.S.C. 5407(a)) is amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (3), by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
`(4) encouraging the government-sponsored housing entities to actively
develop and implement secondary market securitization programs for the FHA
manufactured home loans and those of other loan programs, as appropriate,
thereby promoting the availability of affordable manufactured homes to
increase homeownership for all people in the United States; and
`(5) reviewing the programs for FHA manufactured home loans and
developing any changes to such programs to promote the affordability of
manufactured homes, including changes in loan terms, amortization periods,
regulations, and procedures.'.
(b) DEFINITIONS- Section 608 (42 U.S.C. 5407) is amended by adding at the
end the following:
`(c) DEFINITIONS- For purposes of this section, the following definitions
shall apply:
`(1) GOVERNMENT-SPONSORED HOUSING ENTITIES- The term
`government-sponsored housing entities' means the Government National
Mortgage Association of the Department of Housing and Urban Development, the
Federal National Mortgage Association, and the Federal Home Loan Mortgage
Corporation.
`(2) FHA MANUFACTURED HOME LOAN- The term `FHA manufactured home loan'
means a loan that--
`(A) is insured under title I of the National Housing Act and is made
for the purpose of financing alterations, repairs, or improvements on or
in connection with an existing manufactured home, the purchase of a
manufactured home, the purchase of a manufactured home and a lot on which
to place the home, or the purchase only of a lot on which to place a
manufactured home; or
`(B) is otherwise insured under the National Housing Act and made for
or in connection with a manufactured home.'.
SEC. 608. PROHIBITED ACTS.
Section 610(a) (42 U.S.C. 5409(a)) is amended--
(1) in paragraph (5), by striking `or' at the end;
(2) in paragraph (6), by striking the period at the end and inserting `;
or'; and
(3) by adding at the end the following new paragraph:
`(7) after the expiration of the period specified in section
605(c)(2)(B), fail to comply with the requirements for the installation
program required by section 605 in any State that has not adopted and
implemented a State installation program.'.
SEC. 609. FEES.
Section 620 (42 U.S.C. 5419) is amended to read as follows:
`SEC. 620. AUTHORITY TO COLLECT FEE.
`(a) IN GENERAL- In carrying out inspections under this title, in
developing standards and regulations pursuant to section 604, and in
facilitating the acceptance of the affordability and availability of
manufactured housing within the Department, the Secretary may--
`(1) establish and collect from manufactured home manufacturers a
reasonable fee, as may be necessary to offset the expenses incurred by the
Secretary in connection with carrying out the responsibilities of the
Secretary under this title, including--
`(A) conducting inspections and monitoring;
`(B) providing funding to States for the administration and
implementation of approved State plans under section 623, including
reasonable funding for cooperative educational and training programs
designed to facilitate uniform enforcement under this title, which funds
may be paid directly to the States or may be paid or provided to any
person or entity designated to receive and disburse such funds by
cooperative agreements among participating States, provided that such
person or entity is not otherwise an agent of the Secretary under this
title;
`(C) providing the funding for a noncareer administrator within the
Department to administer the manufactured housing program;
`(D) providing the funding for salaries and expenses of employees of
the Department to carry out the manufactured housing program;
`(E) administering the consensus committee as set forth in section
604;
`(F) facilitating the acceptance of the quality, durability, safety,
and affordability of manufactured housing within the Department;
and
`(G) the administration and enforcement of the installation standards
authorized by section 605 in States in which the Secretary is required to
implement an installation program after the expiration of the 5-year
period set forth in section 605(c)(2)(B), and the administration and
enforcement of a dispute resolution program described in section
623(c)(12) in States in which the Secretary is required to implement such
a program after the expiration of the 5-year period set forth in section
623(g)(2); and
`(2) subject to subsection (e), use amounts from any fee collected under
paragraph (1) of this subsection to pay expenses referred to in that
paragraph, which shall be exempt and separate from any limitations on the
Department regarding full-time equivalent positions and travel.
`(b) CONTRACTORS- In using amounts from any fee collected under this
section, the Secretary shall ensure that separate and independent contractors
are retained to carry out monitoring and inspection work and any other work
that may be delegated to a contractor under this title.
`(c) PROHIBITED USE- No amount from any fee collected under this section
may be used for any purpose or activity not specifically authorized by this
title, unless such activity was already engaged in by the Secretary prior to
the date of the enactment of the Manufactured Housing Improvement Act of
2000.
`(d) MODIFICATION- Beginning on the date of the enactment of the
Manufactured Housing Improvement Act of 2000, the amount of any fee collected
under this section may only be modified--
`(1) as specifically authorized in advance in an annual appropriations
Act; and
`(2) pursuant to rulemaking in accordance with section 553 of title 5,
United States Code.
`(e) APPROPRIATION AND DEPOSIT OF FEES-
`(1) IN GENERAL- There is established in the Treasury of the United
States a fund to be known as the `Manufactured Housing Fees Trust Fund' for
deposit of amounts from any fee collected under this section. Such amounts
shall be held in trust for use only as provided in this title.
`(2) APPROPRIATION- Amounts from any fee collected under this section
shall be available for expenditure only to the extent approved in advance in
an annual appropriations Act. Any change in the expenditure of such amounts
shall be specifically authorized in advance in an annual appropriations
Act.
`(3) PAYMENTS TO STATES- On and after the effective date of the
Manufactured Housing Improvement Act of 2000, the Secretary shall continue
to fund the States having approved State plans in the amounts which are not
less than the allocated amounts, based on the fee distribution system in
effect on the day before such effective date.'.
SEC. 610. DISPUTE RESOLUTION.
Section 623(c) (42 U.S.C. 5422(c)) is amended--
(1) by inserting after paragraph (11) (as added by the preceding
provisions of this title) the following:
`(12) with respect to any State plan submitted on or after the
expiration of the 5-year period beginning on the date of the enactment of
the Manufactured Housing Improvement Act of 2000, provides for a dispute
resolution program for the timely resolution of disputes between
manufacturers, retailers, and installers of manufactured homes regarding
responsibility, and for the issuance of appropriate orders, for the
correction or repair of defects in manufactured homes that are reported
during the 1-year period beginning on the date of installation; and';
and
(2) by adding at the end the following:
`(g) ENFORCEMENT OF DISPUTE RESOLUTION STANDARDS-
`(1) ESTABLISHMENT OF DISPUTE RESOLUTION PROGRAM- Not later than the
expiration of the 5-year period beginning on the date of the enactment of
the Manufactured Housing Improvement Act of 2000, the Secretary shall
establish a dispute resolution program that meets the requirements of
subsection (c)(12) for dispute resolution in each State described in
paragraph (2) of this subsection. The order establishing the dispute
resolution program shall be issued after notice and opportunity for public
comment in accordance with section 553 of title 5, United States Code.
`(2) IMPLEMENTATION OF DISPUTE RESOLUTION PROGRAM- Beginning on the
expiration of the 5-year period described in paragraph (1), the Secretary
shall implement the dispute resolution program established under paragraph
(1) in each State that has not established a dispute resolution program that
meets the requirements of subsection (c)(12).
`(3) CONTRACTING OUT OF IMPLEMENTATION- In carrying out paragraph (2),
the Secretary may contract with an appropriate agent to implement the
dispute resolution program established under paragraph (2), except that such
agent shall not be a person or entity other than a government, nor an
affiliate or subsidiary of such a person or entity, that has entered into a
contract with the Secretary to implement any other regulatory program under
this title.'.
SEC. 611. ELIMINATION OF ANNUAL REPORTING REQUIREMENT.
The National Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.) is amended--
(1) by striking section 626 (42 U.S.C. 5425); and
(2) by redesignating sections 627 and 628 (42 U.S.C. 5426, 5401 note) as
sections 626 and 627, respectively.
SEC. 612. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of the
enactment of this Act, except that the amendments shall have no effect on any
order or interpretative bulletin that is issued under the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
5401 et seq.) and published as a proposed rule pursuant to section 553 of
title 5, United States Code, on or before that date of the enactment.
SEC. 613. SAVINGS PROVISIONS.
(a) STANDARDS AND REGULATIONS- The Federal manufactured home construction
and safety standards (as such term is defined in section 603 of the National
Manufactured Housing Construction and Safety Standards Act of 1974) and all
regulations pertaining thereto in effect on the day before the date of the
enactment of this Act shall apply until the effective date of a standard or
regulation modifying or superseding the existing standard or regulation that
is promulgated under subsection (a) or (b) of section 604 of the National
Manufactured Housing Construction and Safety Standards Act of 1974, as amended
by this title.
(b) CONTRACTS- Any contract awarded pursuant to a Request for Proposal
issued before the date of the enactment of this Act shall remain in effect
until the earlier of--
(1) the expiration of the 2-year period beginning on the date of the
enactment of this Act; or
(2) the expiration of the contract term.
TITLE VII--RURAL HOUSING HOMEOWNERSHIP
SEC. 701. GUARANTEES FOR REFINANCING OF RURAL HOUSING LOANS.
Section 502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended
by adding at the end the following new paragraph:
`(13) GUARANTEES FOR REFINANCING LOANS-
`(A) IN GENERAL- Upon the request of the borrower, the Secretary
shall, to the extent provided in appropriation Acts and subject to
subparagraph (F), guarantee a loan that is made to refinance an existing
loan that is made under this section or guaranteed under this subsection,
and that the Secretary determines complies with the requirements of this
paragraph.
`(B) INTEREST RATE- To be eligible for a guarantee under this
paragraph, the refinancing loan shall have a rate of interest that is
fixed over the term of the loan and does not exceed the interest rate of
the loan being refinanced.
`(C) SECURITY- To be eligible for a guarantee under this paragraph,
the refinancing loan shall be secured by the same single-family residence
as was the loan being refinanced, which shall be owned by the borrower and
occupied by the borrower as the principal residence of the
borrower.
`(D) AMOUNT- To be eligible for a guarantee under this paragraph, the
principal obligation under the refinancing loan shall not exceed an amount
equal to the sum of the balance of the loan being refinanced and such
closing costs as may be authorized by the Secretary, which shall include a
discount not exceeding 200 basis points and an origination fee not
exceeding such amount as the Secretary shall prescribe.
`(E) OTHER REQUIREMENTS- The provisions of the last sentence of
paragraph (1) and paragraphs (2), (5), (6)(A), (7), and (9) shall apply to
loans guaranteed under this paragraph, and no other provisions of
paragraphs (1) through (12) shall apply to such loans.
`(F) AUTHORITY TO ESTABLISH LIMITATION- The Secretary may establish
limitations on the number of loans guaranteed under this paragraph, which
shall be based on market conditions and other factors as the Secretary
considers appropriate.'.
SEC. 702. PROMISSORY NOTE REQUIREMENT UNDER HOUSING REPAIR LOAN
PROGRAM.
The fourth sentence of section 504(a) of the Housing Act of 1949 (42
U.S.C. 1474(a)) is amended by striking `$2,500' and inserting `$7,500'.
SEC. 703. LIMITED PARTNERSHIP ELIGIBILITY FOR FARM LABOR HOUSING LOANS.
The first sentence of section 514(a) of the Housing Act of 1949 (42 U.S.C.
1484(a)) is amended by striking `nonprofit limited partnership' and inserting
`limited partnership'.
SEC. 704. PROJECT ACCOUNTING RECORDS AND PRACTICES.
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by
striking subsection (z) and inserting the following new subsections:
`(z) ACCOUNTING AND RECORDKEEPING REQUIREMENTS-
`(1) ACCOUNTING STANDARDS- The Secretary shall require that borrowers in
programs authorized by this section maintain accounting records in
accordance with generally accepted accounting principles for all projects
that receive funds from loans made or guaranteed by the Secretary under this
section.
`(2) RECORD RETENTION REQUIREMENTS- The Secretary shall require that
borrowers in programs authorized by this section retain for a period of not
less than 6 years and make available to the Secretary in a manner determined
by the Secretary, all records required to be maintained under this
subsection and other records identified by the Secretary in applicable
regulations.
`(aa) DOUBLE DAMAGES FOR UNAUTHORIZED USE OF HOUSING PROJECTS ASSETS AND
INCOME-
`(1) ACTION TO RECOVER ASSETS OR INCOME-
`(A) IN GENERAL- The Secretary may request the Attorney General to
bring an action in a United States district court to recover any assets or
income used by any person in violation of the provisions of a loan made or
guaranteed by the Secretary under this section or in violation of any
applicable statute or regulation.
`(B) IMPROPER DOCUMENTATION- For purposes of this subsection, a use of
assets or income in violation of the applicable loan, loan guarantee,
statute, or regulation shall include any use for which the documentation
in the books and accounts does not establish that the use was made for a
reasonable operating expense or necessary repair of the project or for
which the documentation has not been maintained in accordance with the
requirements of the Secretary and in reasonable condition for proper
audit.
`(C) DEFINITION- For the purposes of this subsection, the term
`person' means--
`(i) any individual or entity that borrows funds in accordance with
programs authorized by this section;
`(ii) any individual or entity holding 25 percent or more interest
of any entity that borrows funds in accordance with programs authorized
by this section; and
`(iii) any officer, director, or partner of an entity that borrows
funds in accordance with programs authorized by this
section.
`(A) IN GENERAL- In any judgment favorable to the United States
entered under this subsection, the Attorney General may recover double the
value of the assets and income of the project that the court determines to
have been used in violation of the provisions of a loan made or guaranteed
by the Secretary under this section or any applicable statute or
regulation, plus all costs related to the action, including reasonable
attorney and auditing fees.
`(B) APPLICATION OF RECOVERED FUNDS- Notwithstanding any other
provision of law, the Secretary may use amounts recovered under this
subsection for activities authorized under this section and such funds
shall remain available for such use until expended.
`(3) TIME LIMITATION- Notwithstanding any other provision of law, an
action under this subsection may be commenced at any time during the 6-year
period beginning on the date that the Secretary discovered or should have
discovered the violation of the provisions of this section or any related
statutes or regulations.
`(4) CONTINUED AVAILABILITY OF OTHER REMEDIES- The remedy provided in
this subsection is in addition to and not in substitution of any other
remedies available to the Secretary or the United States.'.
SEC. 705. DEFINITION OF RURAL AREA.
The second sentence of section 520 of the Housing Act of 1949 (42 U.S.C.
1490) is amended--
(1) by striking `1990 decennial census' and inserting `1990 or 2000
decennial census'; and
(2) by striking `year 2000' and inserting `year 2010'.
SEC. 706. OPERATING ASSISTANCE FOR MIGRANT FARMWORKERS PROJECTS.
The last sentence of section 521(a)(5)(A) of the Housing Act of 1949 (42
U.S.C. 1490a(a)(5)(A)) is amended by striking `project' and inserting `tenant
or unit'.
SEC. 707. MULTIFAMILY RENTAL HOUSING LOAN GUARANTEE PROGRAM.
Section 538 of the Housing Act of 1949 (42 U.S.C. 1490p-2) is amended--
(1) in subsection (c), by inserting `an Indian tribe,' after
`thereof,';
(2) in subsection (f), by striking paragraph (1) and inserting the
following new paragraph:
`(1) be made for a period of not less than 25 nor greater than 40 years
from the date the loan was made and may provide for amortization of the loan
over a period of not to exceed 40 years with a final payment of the balance
due at the end of the loan term;';
(3) in subsection (i)(2), by striking `(A) conveyance to the Secretary'
and all that follows through `(C) assignment' and inserting `(A) submission
to the Secretary of a claim for payment under the guarantee, and (B)
assignment';
(4) in subsection (s), by adding at the end the following new
subsection:
`(4) INDIAN TRIBE- The term `Indian tribe' means--
`(A) any Indian tribe, band, nation, or other organized group or
community of Indians, including any Alaska Native village or regional or
village corporation, as defined by or established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized
as eligible for the special programs and services provided by the United
States to Indians because of their status as Indians pursuant to the
Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.); or
`(B) any entity established by the governing body of an Indian tribe
described in subparagraph (A) for the purpose of financing economic
development.';
(5) in subsection (t), by inserting before the period at the end the
following: `to provide guarantees under this section for eligible loans
having an aggregate principal amount of $500,000,000';
(6) by striking subsection (l);
(7) by redesignating subsections (m) through (u) as subsections (l)
through (t), respectively; and
(8) by adding at the end the following new subsections:
`(u) FEE AUTHORITY- Any amounts collected by the Secretary pursuant to the
fees charged to lenders for loan guarantees issued under this section shall be
used to offset costs (as defined by section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a)) of loan guarantees made under this section.
`(v) DEFAULTS OF LOANS SECURED BY RESERVATION LANDS- In the event of a
default involving a loan to an Indian tribe or tribal corporation made under
this section which is secured by an interest in land within such tribe's
reservation (as determined by the Secretary of the Interior), including a
community in Alaska incorporated by the Secretary of the Interior pursuant to
the Indian Reorganization Act (25 U.S.C. 461 et seq.), the lender shall only
pursue liquidation after offering to transfer the account to an eligible
tribal member, the tribe, or the Indian housing authority serving the tribe.
If the lender subsequently proceeds to liquidate the account, the lender shall
not sell, transfer, or otherwise dispose of or alienate the property except to
one of the entities described in the preceding sentence.'.
SEC. 708. ENFORCEMENT PROVISIONS.
(a) IN GENERAL- Title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.) is amended by adding after section 542 the following:
`SEC. 543. ENFORCEMENT PROVISIONS.
`(1) CRIMINAL PENALTY- Whoever, as an owner, agent, employee, or
manager, or is otherwise in custody, control, or possession of property that
is security for a loan made or guaranteed under this title, willfully uses,
or authorizes the use, of any part of the rents, assets, proceeds, income,
or other funds derived from such property, for any purpose other than to
meet actual, reasonable, and necessary expenses of the property, or for any
other purpose not authorized by this title or the regulations adopted
pursuant to this title, shall be fined under title 18, United States Code,
or imprisoned not more than 5 years, or both.
`(2) CIVIL SANCTIONS- An entity or individual who as an owner, operator,
employee, or manager, or who acts as an agent for a property that is
security for a loan made or guaranteed under this title where any part of
the rents, assets, proceeds, income, or other funds derived from such
property are used for any purpose other than to meet actual, reasonable, and
necessary expenses of the property, or for any other purpose not authorized
by this title or the regulations adopted pursuant to this title, shall be
subject to a fine of not more than $25,000 per violation. The sanctions
provided in this paragraph may be imposed in addition to any other civil
sanctions or civil monetary penalties authorized by law.
`(b) CIVIL MONETARY PENALTIES-
`(1) IN GENERAL- The Secretary may, after notice and opportunity for a
hearing, impose a civil monetary penalty in accordance with this subsection
against any individual or entity, including its owners, officers, directors,
general partners, limited partners, or employees, who knowingly and
materially violate, or participate in the violation of, the provisions of
this title, the regulations issued by the Secretary pursuant to this title,
or agreements made in accordance with this title, by--
`(A) submitting information to the Secretary that is false;
`(B) providing the Secretary with false certifications;
`(C) failing to submit information requested by the Secretary in a
timely manner;
`(D) failing to maintain the property subject to loans made or
guaranteed under this title in good repair and condition, as determined by
the Secretary;
`(E) failing to provide management for a project which received a loan
made or guaranteed under this title that is acceptable to the Secretary;
or
`(F) failing to comply with the provisions of applicable civil rights
statutes and regulations.
`(2) CONDITIONS FOR RENEWAL OR EXTENSION- The Secretary may require that
expiring loan or assistance agreements entered into under this title shall
not be renewed or extended unless the owner executes an agreement to comply
with additional conditions prescribed by the Secretary, or executes a new
loan or assistance agreement in the form prescribed by the Secretary.
`(A) IN GENERAL- The amount of a civil monetary penalty imposed under
this subsection shall not exceed the greater of--
`(i) twice the damages the Department of Agriculture, the guaranteed
lender, or the project that is secured for a loan under this section
suffered or would have suffered as a result of the violation;
or
`(ii) $50,000 per violation.
`(B) DETERMINATION- In determining the amount of a civil monetary
penalty under this subsection, the Secretary shall take into
consideration--
`(i) the gravity of the offense;
`(ii) any history of prior offenses by the violator (including
offenses occurring prior to the enactment of this section);
`(iii) the ability of the violator to pay the penalty;
`(iv) any injury to tenants;
`(v) any injury to the public;
`(vi) any benefits received by the violator as a result of the
violation;
`(vii) deterrence of future violations; and
`(viii) such other factors as the Secretary may establish by
regulation.
`(4) PAYMENT OF PENALTIES- No payment of a penalty assessed under this
section may be made from funds provided under this title or from funds of a
project which serve as security for a loan made or guaranteed under this
title.
`(5) REMEDIES FOR NONCOMPLIANCE-
`(A) JUDICIAL INTERVENTION- If a person or entity fails to comply with
a final determination by the Secretary imposing a civil monetary penalty
under this subsection, the Secretary may request the Attorney General of
the United States to bring an action in an appropriate United States
district court to obtain a monetary judgment against such individual or
entity and such other relief as may be available. The monetary judgment
may, in the court's discretion, include the attorney's fees and other
expenses incurred by the United States in connection with the
action.
`(B) REVIEWABILITY OF DETERMINATION- In an action under this
paragraph, the validity and appropriateness of a determination by the
Secretary imposing the penalty shall not be subject to review.'.
(b) CONFORMING AMENDMENT- Section 514 of the Housing Act of 1949 (42
U.S.C. 1484) is amended by striking subsection (j).
SEC. 709. AMENDMENTS TO TITLE 18 OF UNITED STATES CODE.
(a) MONEY LAUNDERING- Section 1956(c)(7)(D) of title 18, United States
Code, is amended by inserting `any violation of section 543(a)(1) of the
Housing Act of 1949 (relating to equity skimming),' after `coupons having a
value of not less than $5,000,'.
(b) OBSTRUCTION OF FEDERAL AUDITS- Section 1516(a) of title 18, United
States Code, is amended by inserting `or relating to any property that is
security for a loan that is made or guaranteed under title V of the Housing
Act of 1949,' before `shall be fined under this title'.
TITLE VIII--HOUSING FOR ELDERLY AND DISABLED FAMILIES
SEC. 801. SHORT TITLE.
This title may be cited as the `Affordable Housing for Seniors and
Families Act'.
SEC. 802. REGULATIONS.
The Secretary of Housing and Urban Development (referred to in this title
as the `Secretary') shall issue any regulations to carry out this title and
the amendments made by this title that the Secretary determines may or will
affect tenants of federally assisted housing only after notice and opportunity
for public comment in accordance with the procedure under section 553 of title
5, United States Code, applicable to substantive rules (notwithstanding
subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such
proposed rulemaking shall be provided by publication in the Federal Register.
In issuing such regulations, the Secretary shall take such actions as may be
necessary to ensure that such tenants are notified of, and provided an
opportunity to participate in, the rulemaking, as required by such section
553.
SEC. 803. EFFECTIVE DATE.
(a) IN GENERAL- The provisions of this title and the amendments made by
this title are effective as of the date of the enactment of this Act, unless
such provisions or amendments specifically provide for effectiveness or
applicability upon another date certain.
(b) EFFECT OF REGULATORY AUTHORITY- Any authority in this title or the
amendments made by this title to issue regulations, and any specific
requirement to issue regulations by a date certain, may not be construed to
affect the effectiveness or applicability of the provisions of this title or
the amendments made by this title under such provisions and amendments and
subsection (a) of this section.
Subtitle A--Refinancing for Section 202 Supportive Housing for the
Elderly
SEC. 811. PREPAYMENT AND REFINANCING.
(a) APPROVAL OF PREPAYMENT OF DEBT- Upon request of the project sponsor of
a project assisted with a loan under section 202 of the Housing Act of 1959
(as in effect before the enactment of the Cranston-Gonzalez National
Affordable Housing Act), the Secretary shall approve the prepayment of any
indebtedness to the Secretary relating to any remaining principal and interest
under the loan as part of a prepayment plan under which--
(1) the project sponsor agrees to operate the project until the maturity
date of the original loan under terms at least as advantageous to existing
and future tenants as the terms required by the original loan agreement or
any rental assistance payments contract under section 8 of the United States
Housing Act of 1937 (or any other rental housing assistance programs of the
Department of Housing and Urban Development, including the rent supplement
program under section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s)) relating to the project; and
(2) the prepayment may involve refinancing of the loan if such
refinancing results in a lower interest rate on the principal of the loan
for the project and in reductions in debt service related to such
loan.
(b) SOURCES OF REFINANCING- In the case of prepayment under this section
involving refinancing, the project sponsor may refinance the project through
any third party source, including financing by State and local housing finance
agencies, use of tax-exempt bonds, multi-family mortgage insurance under the
National Housing Act, reinsurance, or other credit enhancements, including
risk sharing as provided under section 542 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1707 note). For purposes of underwriting a
loan insured under the National Housing Act, the Secretary may assume that any
section 8 rental assistance contract relating to a project will be renewed for
the term of such loan.
(c) USE OF UNEXPENDED AMOUNTS- Upon execution of the refinancing for a
project pursuant to this section, the Secretary shall make available at least
50 percent of the annual savings resulting from reduced section 8 or other
rental housing assistance contracts in a manner that is advantageous to the
tenants, including--
(1) not more than 15 percent of the cost of increasing the availability
or provision of supportive services, which may include the financing of
service coordinators and congregate services;
(2) rehabilitation, modernization, or retrofitting of structures, common
areas, or individual dwelling units;
(3) construction of an addition or other facility in the project,
including assisted living facilities (or, upon the approval of the
Secretary, facilities located in the community where the project sponsor
refinances a project under this section, or pools shared resources from more
than 1 such project); or
(4) rent reduction of unassisted tenants residing in the project
according to a pro rata allocation of shared savings resulting from the
refinancing.
(d) USE OF CERTAIN PROJECT FUNDS- The Secretary shall allow a project
sponsor that is prepaying and refinancing a project under this section--
(1) to use any residual receipts held for that project in excess of $500
per individual dwelling unit
for not more than 15 percent of the cost of activities designed to increase
the availability or provision of supportive services; and
(2) to use any reserves for replacement in excess of $1,000 per
individual dwelling unit for activities described in paragraphs (2) and (3)
of subsection (c).
(e) BUDGET ACT COMPLIANCE- This section shall be effective only to extent
or in such amounts that are provided in advance in appropriation Acts.
Subtitle B--Authorization of Appropriations for Supportive Housing for
the Elderly and Persons With Disabilities
SEC. 821. SUPPORTIVE HOUSING FOR ELDERLY PERSONS.
Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended by
adding at the end the following:
`(m) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated for providing assistance under this section such sums as may be
necessary for each of fiscal years 2001, 2002, and 2003.'.
SEC. 822. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.
Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013) is amended by striking subsection (m) and inserting the
following:
`(m) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated for providing assistance under this section such sums as may be
necessary for each of fiscal years 2001, 2002, and 2003.'.
SEC. 823. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR ELDERLY AND
DISABLED HOUSING.
There are authorized to be appropriated to the Secretary such sums as may
be necessary for each of fiscal years 2001, 2002, and 2003, for the following
purposes:
(1) GRANTS FOR SERVICE COORDINATORS FOR CERTAIN FEDERALLY ASSISTED
MULTIFAMILY HOUSING- For grants under section 676 of the Housing and
Community Development Act of 1992 (42 U.S.C. 13632) for providing service
coordinators.
(2) CONGREGATE SERVICES FOR FEDERALLY ASSISTED HOUSING- For contracts
under section 802 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8011) to provide congregate services programs for eligible
residents of eligible housing projects under subparagraphs (B) through (D)
of subsection (k)(6) of such section.
Subtitle C--Expanding Housing Opportunities for the Elderly and Persons
With Disabilities
PART 1--HOUSING FOR THE ELDERLY
SEC. 831. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS.
Section 202(k)(4) of the Housing Act of 1959 (12 U.S.C. 1701q(k)(4)) is
amended by inserting after subparagraph (C) the following:
`Such term includes a for-profit limited partnership the sole general
partner of which is an organization meeting the requirements under
subparagraphs (A), (B), and (C), or a corporation wholly owned and
controlled by an organization meeting the requirements under subparagraphs
(A), (B), and (C).'.
SEC. 832. MIXED FUNDING SOURCES.
Section 202(h)(6) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(6)) is
amended--
(1) by striking `non-Federal sources' and inserting `sources other than
this section'; and
(2) by adding at the end the following new sentence: `Notwithstanding
any other provision of law, assistance amounts provided under this section
may be treated as amounts not derived from a Federal grant.'.
SEC. 833. AUTHORITY TO ACQUIRE STRUCTURES.
Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended--
(1) in subsection (b), by striking `from the Resolution Trust
Corporation'; and
(2) in subsection (h)(2)--
(A) in the paragraph heading, by striking `RTC PROPERTIES' and
inserting `ACQUISITION'; and
(B) by striking `from the Resolution' and all that follows through
`Insurance Act'.
SEC. 834. USE OF PROJECT RESERVES.
Section 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended
by adding at the end the following:
`(8) USE OF PROJECT RESERVES- Amounts for project reserves for a project
assisted under this section may be used for costs, subject to reasonable
limitations as the Secretary determines appropriate, for reducing the number
of dwelling units in the project. Such use shall be subject to the approval
of the Secretary to ensure that the use is designed to retrofit units that
are currently obsolete or unmarketable.'.
SEC. 835. COMMERCIAL ACTIVITIES.
Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(1)) is
amended by adding at the end the following: `Neither this section nor any
other provision of law may be construed as prohibiting or preventing the
location and operation, in a project assisted under this section, of
commercial facilities for the benefit of residents of the project and the
community in which the project is located, except that assistance made
available under this section may not be used to subsidize any such commercial
facility.'.
PART 2--HOUSING FOR PERSONS WITH DISABILITIES
SEC. 841. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS.
Section 811(k)(6) of the Housing Act of 1959 (42 U.S.C. 8013(k)(6)) is
amended by inserting after subparagraph (D) the following:
`Such term includes a for-profit limited partnership the sole general
partner of which is an organization meeting the requirements under
subparagraphs (A), (B), (C), and (D) or a corporation wholly owned and
controlled by an organization meeting the requirements under subparagraphs
(A), (B), (C), and (D).'.
SEC. 842. MIXED FUNDING SOURCES.
Section 811(h)(5) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(h)(5)) is amended--
(1) by striking `non-Federal sources' and inserting `sources other than
this section'; and
(2) by adding at the end the following new sentence: `Notwithstanding
any other provision of law, assistance amounts provided under this section
may be treated as amounts not derived from a Federal grant.'.
SEC. 843. TENANT-BASED ASSISTANCE.
Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013) is amended--
(1) in subsection (d), by striking paragraph (4) and inserting the
following:
`(4) TENANT-BASED RENTAL ASSISTANCE-
`(A) ADMINISTERING ENTITIES- Tenant-based rental assistance provided
under subsection (b)(1) may be provided only through a public housing
agency that has submitted and had approved an plan under section 7(d) of
the United States Housing Act of 1937 (42 U.S.C. 1437e(d)) that provides
for such assistance, or through a private nonprofit organization. A public
housing agency shall be eligible to apply under this section only for the
purposes of providing such tenant-based rental assistance.
`(B) PROGRAM RULES- Tenant-based rental assistance under subsection
(b)(1) shall be made available to eligible persons with disabilities and
administered under the same rules that govern tenant-based rental
assistance made available under section 8 of the United States Housing Act
of 1937, except that the Secretary may waive or modify such rules, but
only to the extent necessary to provide for administering such assistance
under subsection (b)(1) through private nonprofit organizations rather
than through public housing agencies.
`(C) ALLOCATION OF ASSISTANCE- In determining the amount of assistance
provided under subsection (b)(1) for a private nonprofit organization or
public housing agency, the Secretary shall consider the needs and
capabilities of the organization or agency, in the case of a public
housing agency, as described in the plan for the agency under section 7 of
the United States Housing Act of 1937.'; and
(2) in subsection (l)(1)--
(A) by striking `subsection (b)' and inserting `subsection (b)(2)';
and
(B) by striking the last comma and all that follows through
`subsection (n)'.
SEC. 844. USE OF PROJECT RESERVES.
Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(j)) is amended by adding at the end the following:
`(7) USE OF PROJECT RESERVES- Amounts for project reserves for a project
assisted under this section may be used for costs, subject to reasonable
limitations as the Secretary determines appropriate, for reducing the number
of dwelling units in the project. Such use shall be subject to the approval
of the Secretary to ensure that the use is designed to retrofit units that
are currently obsolete or unmarketable.'.
SEC. 845. COMMERCIAL ACTIVITIES.
Section 811(h)(1) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(h)(1)) is amended by adding at the end the following: `Neither
this section nor any other provision of law may be construed as prohibiting or
preventing the location and operation, in a project assisted under this
section, of commercial facilities for the benefit of residents of the project
and the community in which the project is located, except that assistance made
available under this section may not be used to subsidize any such commercial
facility.'.
PART 3--OTHER PROVISIONS
SEC. 851. SERVICE COORDINATORS.
(a) INCREASED FLEXIBILITY FOR USE OF SERVICE COORDINATORS IN CERTAIN
FEDERALLY ASSISTED HOUSING- Section 676 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13632) is amended--
(1) in the section heading, by striking `multifamily housing assisted
under national housing act' and inserting `certain federally assisted
housing';
(A) in the first sentence, by striking `(E) and (F)' and inserting
`(B), (C), (D), (E), (F), and (G)'; and
(B) in the last sentence--
(i) by striking `section 661' and inserting `section 671';
and
(ii) by adding at the end the following: `A service coordinator
funded with a grant under this section for a project may provide
services to low-income elderly
or disabled families living in the vicinity of such project.';
(A) by striking `(E) or (F)' and inserting `(B), (C), (D), (E), (F),
or (G)'; and
(B) by striking `section 661' and inserting `section 671';
and
(4) by striking subsection (c) and redesignating subsection (d) (as
amended by paragraph (3) of this subsection) as subsection (c).
(b) REQUIREMENT TO PROVIDE SERVICE COORDINATORS- Section 671 of the
Housing and Community Development Act of 1992 (42 U.S.C. 13631) is
amended--
(1) in the first sentence of subsection (a), by striking `to carry out
this subtitle pursuant to the amendments made by this subtitle' and
inserting the following: `for providing service coordinators under this
section';
(2) in subsection (d), by inserting `)' after `section 683(2)';
and
(3) by adding at the end following:
`(e) SERVICES FOR LOW-INCOME ELDERLY OR DISABLED FAMILIES RESIDING IN
VICINITY OF CERTAIN PROJECTS- To the extent only that this section applies to
service coordinators for covered federally assisted housing described in
subparagraphs (B), (C), (D), (E), (F), and (G) of section 683(2), any
reference in this section to elderly or disabled residents of a project shall
be construed to include low-income elderly or disabled families living in the
vicinity of such project.'.
(c) PROTECTION AGAINST TELEMARKETING FRAUD-
(1) SUPPORTIVE HOUSING FOR THE ELDERLY- The first sentence of section
202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)) is amended by
striking `and (F)' and inserting the following: `(F) providing education and
outreach regarding telemarketing fraud, in accordance with the standards
issued under section 671(f) of the Housing and Community Development Act of
1992 (42 U.S.C. 13631(f)); and (G)'.
(2) OTHER FEDERALLY ASSISTED HOUSING- Section 671 of the Housing and
Community Development Act of 1992 (42 U.S.C. 13631), as amended by
subsection (b) of this section, is further amended--
(A) in the first sentence of subsection (c), by inserting after
`response,' the following: `education and outreach regarding telemarketing
fraud in accordance with the standards issued under subsection (f),';
and
(B) by adding at the end the following:
`(f) PROTECTION AGAINST TELEMARKETING FRAUD-
`(1) IN GENERAL- The Secretary, in coordination with the Secretary of
Health and Human Services, shall establish standards for service
coordinators in federally assisted housing who are providing education and
outreach to elderly persons residing in such housing regarding telemarketing
fraud. The standards shall be designed to ensure that such education and
outreach informs such elderly persons of the dangers of telemarketing fraud
and facilitates the investigation and prosecution of telemarketers engaging
in fraud against such residents.
`(2) CONTENTS- The standards established under this subsection shall
require that any such education and outreach be provided in a manner
that--
`(A) informs such residents of--
`(i) the prevalence of telemarketing fraud targeted against elderly
persons;
`(ii) how telemarketing fraud works;
`(iii) how to identify telemarketing fraud;
`(iv) how to protect themselves against telemarketing fraud,
including an explanation of the dangers of providing bank account,
credit card, or other financial or personal information over the
telephone to unsolicited callers;
`(v) how to report suspected attempts at telemarketing fraud;
and
`(vi) their consumer protection rights under Federal
law;
`(B) provides such other information as the Secretary considers
necessary to protect such residents against fraudulent telemarketing;
and
`(C) disseminates the information provided by appropriate means, and
in determining such appropriate means, the Secretary shall consider
on-site presentations at federally assisted housing, public service
announcements, a printed manual or pamphlet, an Internet website, and
telephone outreach to residents whose names appear on `mooch lists'
confiscated from fraudulent telemarketers.'.
Subtitle D--Preservation of Affordable Housing Stock
SEC. 861. SECTION 236 ASSISTANCE.
(a) EXTENSION OF AUTHORITY TO RETAIN EXCESS CHARGES- Section 236(g) of the
National Housing Act (12 U.S.C. 1715z-1(g)), as amended by the Departments of
Veterans Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001, is amended--
(1) in paragraph (2), by striking `Subject to paragraph (3) and
notwithstanding' and inserting `Notwithstanding'; and
(2) by striking paragraph (3) and redesignating paragraph (4) as
paragraph (3).
(b) TREATMENT OF EXCESS CHARGES PREVIOUSLY COLLECTED- Any excess charges
that a project owner may retain pursuant to the amendments made by subsections
(b) and (c) of section 532 of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act, 2000
(Public Law 106-74; 113 Stat. 1116) that have been collected by such owner
since the date of the enactment of such Appropriations Act and that such owner
has not remitted to the Secretary of Housing and Urban Development may be
retained by such owner unless such Secretary otherwise provides. To the extent
that a project owner has remitted such excess charges to the Secretary since
such date of the enactment, the Secretary may return to the relevant project
owner any such excess charges remitted. Notwithstanding any other provision of
law, amounts in the Rental Housing Assistance Fund, or heretofore or
subsequently transferred from the Rental Housing Assistance Fund to the
Flexible Subsidy Fund, shall be available to make such return of excess
charges previously remitted to the Secretary, including the return of excess
charges referred to in section 532(e) of such Appropriations Act.
TITLE IX--OTHER RELATED HOUSING PROVISIONS
SEC. 901. EXTENSION OF LOAN TERM FOR MANUFACTURED HOME LOTS.
Section 2(b)(3)(E) of the National Housing Act (12 U.S.C. 1703(b)(3)(E))
is amended by striking `fifteen' and inserting `twenty'.
SEC. 902. USE OF SECTION 8 VOUCHERS FOR OPT-OUTS.
(a) IN GENERAL- Section 8(t)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)(2)), as amended by the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act,
2001, is amended by striking `fiscal year 1996' and inserting `fiscal year
1994'.
(b) EFFECTIVE DATE- The amendment under subsection (a) shall be made and
shall apply--
(1) upon the enactment of this Act, if the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001, is enacted before the enactment of this Act;
and
(2) immediately after the enactment of such appropriations Act, if such
appropriations Act is enacted after the enactment of this Act.
SEC. 903. MAXIMUM PAYMENT STANDARD FOR ENHANCED VOUCHERS.
(a) IN GENERAL- Section 8(t)(1)(B) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t)(1)(B)), as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001, is amended by inserting before the semicolon at the
end the following: `, except that a limit shall not be considered reasonable
for purposes of this subparagraph if it adversely affects such assisted
families'.
(b) EFFECTIVE DATE- The amendment under subsection (a) shall be made and
shall apply--
(1) upon the enactment of this Act, if the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001, is enacted before the enactment of this Act;
and
(2) immediately after the enactment of such appropriations Act, if such
appropriations Act is enacted after the enactment of this Act.
SEC. 904. USE OF SECTION 8 ASSISTANCE BY `GRAND-FAMILIES' TO RENT DWELLING
UNITS IN ASSISTED PROJECTS.
Section 215(a) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12745(a)) is amended by adding at the end the following new
paragraph:
`(6) WAIVER OF QUALIFYING RENT-
`(A) IN GENERAL- For the purpose of providing affordable housing
appropriate for families described in subparagraph (B), the Secretary may,
upon the application of the project owner, waive the applicability of
subparagraph (A) of paragraph (1) with respect to a dwelling unit
if--
`(i) the unit is occupied by such a family, on whose behalf
tenant-based assistance is provided under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f);
`(ii) the rent for the unit is not greater than the existing fair
market rent for comparable units in the area, as established by the
Secretary under section 8 of the United States Housing Act of 1937;
and
`(iii) the Secretary determines that the waiver, together with
waivers under this paragraph for other dwelling units in the project,
will result in the use of amounts described in clause (iii) in an
effective manner that will improve the provision of affordable housing
for such families.
`(B) ELIGIBLE FAMILIES- A family described in this subparagraph is a
family that consists of at least one elderly person (who is the head of
household) and one or more of such person's grand children, great
grandchildren, great nieces, great nephews, or great great grandchildren
(as defined by the Secretary), but does not include any parent of such
grandchildren, great grandchildren, great nieces, great nephews, or great
great grandchildren. Such term includes any such grandchildren, great
grandchildren, great nieces, great nephews, or great great grandchildren
who have been legally adopted by such elderly person.'.
TITLE X--FEDERAL RESERVE BOARD PROVISIONS
SEC. 1001. FEDERAL RESERVE BOARD BUILDINGS.
The 3rd undesignated paragraph of section 10 of the Federal Reserve Act
(12 U.S.C. 243) is amended--
(1) by inserting after the 1st sentence the following new sentence:
`After September 1, 2000, the Board may also use such assessments to
acquire, in its own name, a site or building (in addition to the facilities
existing on such date) to provide for the performance of the functions of
the Board.'; and
(2) in the sentences following the sentence added by the amendment made
by paragraph (1) of this section--
(A) by striking `the site' and inserting `any site'; and
(B) by inserting `or buildings' after `building' each place such term
appears.
SEC. 1002. POSITIONS OF BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ON
THE EXECUTIVE SCHEDULE.
(1) POSITIONS AT LEVEL I OF THE EXECUTIVE SCHEDULE- Section 5312 of
title 5, United States Code, is amended by adding at the end the
following:
`Chairman, Board of Governors of the Federal Reserve System.'.
(2) POSITIONS AT LEVEL II OF THE EXECUTIVE SCHEDULE- Section 5313 of
title 5, United States Code, is amended--
(A) by striking `Chairman, Board of Governors of the Federal Reserve
System.'; and
(B) by adding at the end the following:
`Members, Board of Governors of the Federal Reserve System.'.
(3) POSITIONS AT LEVEL III OF THE EXECUTIVE SCHEDULE- Section 5314 of
title 5, United States Code, is amended by striking `Members, Board of
Governors of the Federal Reserve System.'.
(b) EFFECTIVE DATE- This section and the amendments made by this section
shall take effect on the first day of the first pay period for the Chairman
and Members of the Board of Governors of the Federal Reserve System beginning
on or after the date of the enactment of this Act.
SEC. 1003. AMENDMENTS TO THE FEDERAL RESERVE ACT.
(a) REPEAL- Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is
amended by striking all after the first sentence.
(b) APPEARANCES BEFORE AND REPORTS TO THE CONGRESS-
(1) IN GENERAL- The Federal Reserve Act (12 U.S.C. 221 et seq.) is
amended by inserting after section 2A the following new section:
`SEC. 2B. APPEARANCES BEFORE AND REPORTS TO THE CONGRESS.
`(a) APPEARANCES BEFORE THE CONGRESS-
(1) IN GENERAL- The Chairman of the Board shall appear before the
Congress at semi-annual hearings, as specified in paragraph (2),
regarding--
`(A) the efforts, activities, objectives and plans of the Board and
the Federal Open Market Committee with respect to the conduct of monetary
policy; and
`(B) economic developments and prospects for the future described in
the report required in subsection (b).
`(2) SCHEDULE- The Chairman of the Board shall appear--
`(A) before the Committee on Banking and Financial Services of the
House of Representatives on or about February 20 of even numbered calendar
years and on or about July 20 of odd numbered calendar years;
`(B) before the Committee on Banking, Housing, and Urban Affairs of
the Senate on or about July 20 of even numbered calendar years and on or
about February 20 of odd numbered calendar years; and
`(C) before either Committee referred to in subparagraph (A) or (B),
upon request, following the scheduled appearance of the Chairman before
the other Committee under subparagraph (A) or (B).
`(b) CONGRESSIONAL REPORT- The Board shall, concurrent with each
semi-annual hearing required by this section, submit a written report to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking and Financial Services of the House of Representatives,
containing a discussion of the conduct of monetary policy and economic
developments and prospects for the future, taking into account past and
prospective developments in employment, unemployment, production, investment,
real income, productivity, exchange rates, international trade and payments,
and prices.'.
TITLE XI--BANKING AND HOUSING AGENCY REPORTS
SEC. 1101. SHORT TITLE.
This title may be cited as the `Federal Reporting Act of 2000'.
SEC. 1102. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of
1995 (31 U.S.C. 1113 note) shall not apply to any report required to be
submitted under any of the following provisions of law:
(1) Section 3 of the Employment Act of 1946 (15 U.S.C. 1022).
(2) Section 309 of the Defense Production Act of 1950 (50 U.S.C. App.
2099).
(3) Section 603 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3213).
(4) Section 7(o)(1) of the Department of Housing and Urban Development
Act (42 U.S.C. 3535(o)(1)).
(5) Section 540(c) of the National Housing Act (12 U.S.C.
1735f-18(c)).
(6) Paragraphs (2) and (6) of section 808(e) of the Civil Rights Act of
1968 (42 U.S.C. 3608(e)).
(7) Section 1061 of the Housing and Community Development Act of 1992
(42 U.S.C. 4856).
(8) Section 203(v) of the National Housing Act (12 U.S.C. 1709(v)), as
added by section 504 of the Housing and Community Development Act of 1992
(Public Law 102-550; 106 Stat. 3780).
(9) Section 802 of the Housing Act of 1954 (12 U.S.C. 1701o).
(10) Section 8 of the Department of Housing and Urban Development Act
(42 U.S.C. 3536).
(11) Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C.
4027).
(12) Section 4(e)(2) of the Department of Housing and Urban Development
Act (42 U.S.C. 3533(e)(2).
(13) Section 205(g) of the National Housing Act (12 U.S.C.
1711(g)).
(14) Section 701(c)(1) of the International Financial Institutions Act
(22 U.S.C. 262d(c)(1)).
(15) Paragraphs (1) and (2) of section 5302(c) of title 31, United
States Code.
(16) Section 18(f)(7) of the Federal Trade Commission Act. (15 U.S.C.
57a(f)(7)).
(17) Section 333 of the Revised Statutes of the United States (12 U.S.C.
14).
(18) Section 3(g) of the Home Owners' Loan Act (12 U.S.C.
1462a(g)).
(19) Section 304 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 304).
(20) Sections 2(b)(1)(A), 8(a), 8(c), 10(g)(1), and 11(c) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A), 635g(a), 635g(c),
635i-3(g), and 635i-5(c)).
(21) Section 17(a) of the Federal Deposit Insurance Act (12 U.S.C.
1827(a)).
(22) Section 13 of the Federal Financing Bank Act of 1973 (12 U.S.C.
2292).
(23) Section 2B(d) of the Federal Home Loan Bank Act (12 U.S.C.
1422b(d)).
(24) Section 1002(b) of Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1811 note).
(25) Section 8 of the Fair Credit and Charge Card Disclosure Act of 1988
(15 U.S.C. 1637 note).
(26) Section 136(b)(4)(B) of the Truth in Lending Act (15 U.S.C.
1646(b)(4)(B)).
(27) Section 707 of the Equal Credit Opportunity Act (15 U.S.C.
1691f).
(28) Section 114 of the Truth in Lending Act (15 U.S.C. 1613).
(29) The seventh undesignated paragraph of section 10 of the Federal
Reserve Act (12 U.S.C. 247).
(30) The tenth undesignated paragraph of section 10 of the Federal
Reserve Act (12 U.S.C. 247a).
(31) Section 815 of the Fair Debt Collection Practices Act (15 U.S.C.
1692m).
(32) Section 102(d) of the Federal Credit Union Act (12 U.S.C.
1752a(d)).
(33) Section 21B(i) of the Federal Home Loan Bank Act (12 U.S.C.
1441b(i)).
(34) Section 607(a) of the Housing and Community Development Amendments
of 1978 (42 U.S.C. 8106(a)).
(35) Section 708(l) of the Defense Production Act of 1950 (50 U.S.C. Ap.
2158(l)).
(36) Section 2546 of the Comprehensive Thrift and Bank Fraud Prosecution
and Taxpayer Recovery Act of 1990 (28 U.S.C. 522 note).
(37) Section 202(b)(8) of the National Housing Act (12 U.S.C.
1708(b)(8)).
SEC. 1103. COORDINATION OF REPORTING REQUIREMENTS.
(a) FEDERAL DEPOSIT INSURANCE CORPORATION- Section 17(a) of the Federal
Deposit Insurance Act (12 U.S.C. 1827(a)) is amended by adding at the end the
following new paragraph:
`(3) COORDINATION WITH OTHER REPORT REQUIREMENTS- The report required
under this subsection shall include the report required under section
18(f)(7) of the Federal Trade Commission Act.'.
(b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM- The 7th undesignated
paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 247) is amended
by adding at the end the following new sentence: `The report required under
this paragraph shall include the reports required under section 707 of the
Equal Credit Opportunity Act, section 18(f)(7) of the Federal Trade Commission
Act, section 114 of the Truth in Lending Act, and the 10th undesignated
paragraph of this section.'.
(c) COMPTROLLER OF THE CURRENCY- Section 333 of the Revised Statutes of
the United States (12 U.S.C. 14) is amended by adding at the end the following
new sentence: `The report required under this section shall include the report
required under section 18(f)(7) of the Federal Trade Commission Act.'.
(1) IN GENERAL- Section 2(b)(1)(A) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(1)(A)) is amended--
(A) by striking `a annual' and inserting `an annual'; and
(B) by adding at the end the following new sentence: `The annual
report required under this subparagraph shall include the report required
under section 10(g).'.
(2) TECHNICAL AND CONFORMING AMENDMENT- Section 10(g)(1) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(g)(1)) is amended--
(A) by striking `On or' and all that follows through `the Bank' and
inserting `The Bank'; and
(B) by striking `a report' and inserting `an annual report'.
(e) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT- Section 8 of the
Department of Housing and Urban Development Act (42 U.S.C. 3536) is amended by
adding at the end the following new sentence: `The report required under this
section shall include the reports required under paragraphs (2) and (6) of
section 808(e) of the Civil Rights Act of 1968, the reports required under
subsections (a) and (b) of section 1061 of the Housing and Community
Development Act of 1992, the report required under section 802 of the Housing
Act of 1954, and the report required under section 4(e)(2) of this Act.'.
(f) FEDERAL HOUSING ADMINISTRATION- Section 203(v) of the National Housing
Act (12 U.S.C. 1709(v)), as added by section 504 of the Housing and Community
Development Act of 1992, is amended by adding at the end the following new
sentence:
`The report required under this subsection shall include the report
required under section 540(c) and the report required under section
205(g).'.
(g) INTERNATIONAL FINANCIAL INSTITUTIONS ACT- Section 701(c)(1) of the
International Financial Institutions Act (22 U.S.C. 262d(c)(1)) is amended by
striking `Not later' and all that follows through `quarterly' and inserting
`The Secretary of the Treasury shall report annually'.
SEC. 1104. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
(a) EXPORT-IMPORT BANK- The Export-Import Bank Act of 1945 (12 U.S.C. 635
et seq.) is amended--
(1) in section 2(b)(1)(D)--
(A) by striking `(i)'; and
(B) by striking clause (ii);
(2) in section 2(b)(8), by striking the last sentence;
(3) in section 6(b), by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(4) in section 8, by striking subsections (b) and (d) and redesignating
subsections (c) and (e) as subsections (b) and (c), respectively.
(b) FEDERAL DEPOSIT INSURANCE CORPORATION- Section 17 of the Federal
Deposit Insurance Act (12 U.S.C. 1827) is amended by striking subsection
(h).
TITLE XII--FINANCIAL REGULATORY RELIEF
SEC. 1200. SHORT TITLE.
This title may be cited as the `Financial Regulatory Relief and Economic
Efficiency Act of 2000'.
Subtitle A--Improving Monetary Policy and Financial Institution
Management Practices
SEC. 1201. REPEAL OF SAVINGS ASSOCIATION LIQUIDITY PROVISION.
(a) REPEAL OF LIQUIDITY PROVISION- Section 6 of the Home Owners' Loan Act
(12 U.S.C. 1465) is hereby repealed.
(b) CONFORMING AMENDMENTS-
(1) SECTION 5- Section 5(c)(1)(M) of the Home Owners' Loan Act (12
U.S.C. 1464(c)(1)(M)) is amended to read as follows:
`(M) LIQUIDITY INVESTMENTS- Investments (other than equity
investments), identified by the Director, for liquidity purposes,
including cash, funds on deposit at a Federal reserve bank or a Federal
home loan bank, or bankers' acceptances.'.
(2) SECTION 10- Section 10(m)(4)(B)(iii) of the Home Owners' Loan Act
(12 U.S.C. 1467a(m)(4)(B)(iii)) is amended by inserting `as in effect on the
day before the date of the enactment of the Financial Regulatory Relief and
Economic Efficiency Act of 2000,' after `Loan Act,'.
SEC. 1202. NONCONTROLLING INVESTMENTS BY SAVINGS ASSOCIATION HOLDING
COMPANIES.
Section 10(e)(1)(A)(iii) of the Home Owners' Loan Act (12 U.S.C.
1467a(e)(1)(A)(iii)) is amended--
(1) by inserting `, except with the prior written approval of the
Director,' after `or to retain'; and
(2) by striking `so acquire or retain' and inserting `acquire or retain,
and the Director may not authorize acquisition or retention of,'.
SEC. 1203. REPEAL OF DEPOSIT BROKER NOTIFICATION AND RECORDKEEPING
REQUIREMENT.
Section 29A of the Federal Deposit Insurance Act (12 U.S.C. 1831f-1) is
hereby repealed.
SEC. 1204. EXPEDITED PROCEDURES FOR CERTAIN REORGANIZATIONS.
The National Bank Consolidation and Merger Act (12 U.S.C. 215 et seq.) is
amended--
(1) by redesignating section 5 as section 7; and
(2) by inserting after section 4 the following new section:
`SEC. 5. EXPEDITED PROCEDURES FOR CERTAIN REORGANIZATIONS.
`(a) IN GENERAL- A national bank may, with the approval of the
Comptroller, pursuant to rules and regulations promulgated by the Comptroller,
and upon the affirmative vote of the shareholders of such bank owning at least
two-thirds of its capital stock outstanding, reorganize so as to become a
subsidiary of a bank holding company or of a company that will, upon
consummation of such reorganization, become a bank holding company.
`(b) REORGANIZATION PLAN- A reorganization authorized under subsection (a)
shall be carried out in accordance with a reorganization plan that--
`(1) specifies the manner in which the reorganization shall be carried
out;
`(2) is approved by a majority of the entire board of directors of the
national bank;
`(A) the amount of cash or securities of the bank holding company, or
both, or other consideration to be paid to the shareholders of the
reorganizing bank in exchange for their shares of stock of the
bank;
`(B) the date as of which the rights of each shareholder to
participate in such exchange will be determined; and
`(C) the manner in which the exchange will be carried out;
and
`(4) is submitted to the shareholders of the reorganizing bank at a
meeting to be held on the call of the directors in accordance with the
procedures prescribed in connection with a merger of a national bank under
section 3.
`(c) RIGHTS OF DISSENTING SHAREHOLDERS- If, pursuant to this section, a
reorganization plan has been approved by the shareholders and the Comptroller,
any shareholder of the bank who has voted against the reorganization at the
meeting referred to in subsection (b)(4), or has given notice in writing at or
prior to that meeting to the presiding officer that the shareholder dissents
from the reorganization plan, shall be entitled to receive the value of his or
her shares, as provided by section 3 for the merger of a national bank.
`(d) EFFECT OF REORGANIZATION- The corporate existence of a national bank
that reorganizes in accordance with this section shall not be deemed to have
been affected in any way by reason of such reorganization.
`(e) APPROVAL UNDER THE BANK HOLDING COMPANY ACT- This section does not
affect in any way the applicability of the Bank Holding Company Act of 1956 to
a transaction described in subsection (a).'.
SEC. 1205. NATIONAL BANK DIRECTORS.
(a) AMENDMENTS TO THE REVISED STATUTES- Section 5145 of the Revised
Statutes of the United States (12 U.S.C. 71) is amended--
(1) by striking `for one year' and inserting `for a period of not more
than 3 years'; and
(2) by adding at the end the following: `In accordance with regulations
issued by the Comptroller of the Currency, a national bank may adopt bylaws
that provide for staggering the terms of its directors.'.
(b) AMENDMENT TO THE BANKING ACT OF 1933- Section 31 of the Banking Act of
1933 (12 U.S.C. 71a) is amended in the first sentence, by inserting before the
period `, except that the Comptroller of the Currency may, by regulation or
order, exempt a national bank from the 25-member limit established by this
section'.
SEC. 1206. AMENDMENT TO NATIONAL BANK CONSOLIDATION AND MERGER ACT.
The National Bank Consolidation and Merger Act (12 U.S.C. 215 et seq.) is
amended by inserting after section 5, as added by this title, the following
new section:
`SEC. 6. MERGERS AND CONSOLIDATIONS WITH SUBSIDIARIES AND NONBANK
AFFILIATES.
`(a) IN GENERAL- Upon the approval of the Comptroller, a national bank may
merge with 1 or more of its nonbank subsidiaries or affiliates.
`(b) SCOPE- Nothing in this section shall be construed--
`(1) to affect the applicability of section 18(c) of the Federal Deposit
Insurance Act; or
`(2) to grant a national bank any power or authority that is not
permissible for a national bank under other applicable provisions of
law.
`(c) REGULATIONS- The Comptroller shall promulgate regulations to
implement this section.'.
SEC. 1207. LOANS ON OR PURCHASES BY INSTITUTIONS OF THEIR OWN STOCK;
AFFILIATIONS.
(a) AMENDMENT TO THE REVISED STATUTES- Section 5201 of the Revised
Statutes of the United States (12 U.S.C. 83) is amended to read as follows:
`SEC. 5201. LOANS BY BANK ON ITS OWN STOCK.
`(a) GENERAL PROHIBITION- No national bank shall make any loan or discount
on the security of the shares of its own capital stock.
`(b) EXCLUSION- For purposes of this section, a national bank shall not be
deemed to be making a loan or discount on the security of the shares of its
own capital stock if it acquires the stock to prevent loss upon a debt
previously contracted for in good faith.'.
(b) AMENDMENTS TO THE FEDERAL DEPOSIT INSURANCE ACT- Section 18 of the
Federal Deposit Insurance Act (12 U.S.C. 1828) is amended--
(1) by redesignating subsection (t), as added by section 730 of the
Gramm-Leach-Bliley Act (Public Law 106-102; 113 Stat. 1476), as subsection
(u); and
(2) by adding at the end the following new subsection:
`(v) LOANS BY INSURED INSTITUTIONS ON THEIR OWN STOCK-
`(1) GENERAL PROHIBITION- No insured depository institution may make any
loan or discount on the security of the shares of its own capital
stock.
`(2) EXCLUSION- For purposes of this subsection, an insured depository
institution shall not be deemed to be making a loan or discount on the
security of the shares of its own capital stock if it acquires the stock to
prevent loss upon a debt previously contracted for in good faith.'.
SEC. 1208. PURCHASED MORTGAGE SERVICING RIGHTS.
Section 475 of the Federal Deposit Insurance Corporation Improvement Act
of 1991 (12 U.S.C. 1828 note) is amended--
(1) in subsection (a)(1), by inserting `(or such other percentage
exceeding 90 percent but not exceeding 100 percent, as may be determined
under subsection (b))' after `90 percent';
(2) by redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the following new
subsection:
`(b) AUTHORITY TO DETERMINE PERCENTAGE BY WHICH TO DISCOUNT VALUE OF
SERVICING RIGHTS- The appropriate Federal banking agencies may allow readily
marketable purchased mortgage servicing rights to be valued at more than 90
percent of their fair market value but at not more than 100 percent of such
value, if such agencies jointly make a finding that such valuation would not
have an adverse effect on the deposit insurance funds or the safety and
soundness of insured depository institutions.'; and
(3) in subsection (c), by striking `and' and inserting `, `deposit
insurance fund', and'.
Subtitle B--Streamlining Activities of Institutions
SEC. 1211. CALL REPORT SIMPLIFICATION.
(a) MODERNIZATION OF CALL REPORT FILING AND DISCLOSURE SYSTEM- In order to
reduce the administrative requirements pertaining to bank reports of
condition, savings association financial reports, and bank holding company
consolidated and parent-only financial statements, and to improve the
timeliness of such reports and statements, the Federal banking agencies
shall--
(1) work jointly to develop a system under which--
(A) insured depository institutions and their affiliates may file such
reports and statements electronically; and
(B) the Federal banking agencies may make such reports and statements
available to the public electronically; and
(2) not later than 1 year after the date of the enactment of this Act,
report to the Congress and make recommendations for legislation that would
enhance efficiency for filers and users of such reports and
statements.
(b) UNIFORM REPORTS AND SIMPLIFICATION OF INSTRUCTIONS- The Federal
banking agencies shall, consistent with the principles of safety and
soundness, work jointly--
(1) to adopt a single form for the filing of core information required
to be submitted under Federal law to all such agencies in the reports and
statements referred to in subsection (a); and
(2) to simplify instructions accompanying such reports and statements
and to provide an index to the instructions that is adequate to meet the
needs of both filers and users.
(c) REVIEW OF CALL REPORT SCHEDULE- Each Federal banking agency shall--
(1) review the information required by schedules supplementing the core
information referred to in subsection (b); and
(2) eliminate requirements that are not warranted for reasons of safety
and soundness or other public purposes.
(d) DEFINITION- In this section, the term `Federal banking agency' has the
same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
Subtitle C--Streamlining Agency Actions
SEC. 1221. ELIMINATION OF DUPLICATIVE DISCLOSURE OF FAIR MARKET VALUE OF
ASSETS AND LIABILITIES.
Section 37(a)(3) of the Federal Deposit Insurance Act (12 U.S.C.
1831n(a)(3)) is amended by striking subparagraph (D).
SEC. 1222. PAYMENT OF INTEREST IN RECEIVERSHIPS WITH SURPLUS FUNDS.
Section 11(d)(10) of the Federal Deposit Insurance Act (12 U.S.C.
1821(d)(10)) is amended by adding at the end the following new
subparagraph:
`(C) RULEMAKING AUTHORITY OF CORPORATION- The Corporation may
prescribe such rules, including definitions of terms, as it deems
appropriate to establish a single uniform interest rate for or to make
payments of post insolvency interest to creditors holding proven claims
against the receivership estates of insured Federal or State depository
institutions following satisfaction by the receiver of the principal
amount of all creditor claims.'.
SEC. 1223. REPEAL OF REPORTING REQUIREMENT ON DIFFERENCES IN ACCOUNTING
STANDARDS.
Section 37(c) of the Federal Deposit Insurance Act (12 U.S.C. 1831n(c)) is
amended--
(1) in paragraph (1), by striking `Each' and all that follows through `a
report' and inserting `The Federal banking agencies shall jointly submit an
annual report'; and
(2) by inserting `any' before `such agency' each place that term
appears.
SEC. 1224. EXTENSION OF TIME.
Section 6(a)(1) of the Federal Home Loan Bank Act (12 U.S.C. 1426(a)(1))
is amended by striking `1 year' and inserting `18 months'.
Subtitle D--Technical Corrections
SEC. 1231. TECHNICAL CORRECTION RELATING TO DEPOSIT INSURANCE FUNDS.
(a) IN GENERAL- Section 2707 of the Deposit Insurance Funds Act of 1996
(Public Law 104-208; 110 Stat. 3009-496) is amended--
(1) by striking `7(b)(2)(C)' and inserting `7(b)(2)(E)'; and
(2) by striking `, as redesignated by section 2704(d)(6) of this
subtitle'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall be deemed
to have the same effective date as section 2707 of the Deposit Insurance Funds
Act of 1996 (Public Law 104-208; 110 Stat. 3009-496).
SEC. 1232. RULES FOR CONTINUATION OF DEPOSIT INSURANCE FOR MEMBER BANKS
CONVERTING CHARTERS.
Section 8(o) of the Federal Deposit Insurance Act (12 U.S.C. 1818(o)) is
amended in the second sentence, by striking `subsection (d) of section 4' and
inserting `subsection (c) or (d) of section 4'.
SEC. 1233. AMENDMENTS TO THE REVISED STATUTES OF THE UNITED STATES.
(a) WAIVER OF CITIZENSHIP REQUIREMENT FOR NATIONAL BANK DIRECTORS- Section
5146 of the Revised Statutes of the United States (12 U.S.C. 72) is amended in
the first sentence, by inserting before the period `, and waive the
requirement of citizenship in the case of not more than a minority of the
total number of directors'.
(b) TECHNICAL AMENDMENT TO THE REVISED STATUTES- Section 329 of the
Revised Statutes of the United States (12 U.S.C. 11) is amended by striking
`to be interested in any association issuing national currency under the laws
of the United States' and inserting `to hold an interest in any national
bank'.
(c) REPEAL OF UNNECESSARY CAPITAL AND SURPLUS REQUIREMENT- Section 5138 of
the Revised Statutes of the United States (12 U.S.C. 51) is hereby
repealed.
SEC. 1234. CONFORMING CHANGE TO THE INTERNATIONAL BANKING ACT OF 1978.
Section 4(b) of the International Banking Act of 1978 (12 U.S.C. 3102(b))
is amended in the second sentence, by striking paragraph (1) and by
redesignating paragraphs (2) through (4) as paragraphs (1) through (3),
respectively.
Passed the House of Representatives December 5, 2000.
Attest:
Clerk.
106th CONGRESS
2d Session
H. R. 5640
AN ACT
To expand homeownership in the United States, and for other purposes.
END