[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5640 Enrolled Bill (ENR)]
H.R.5640
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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,
SECTION. 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. 101. Short title.
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. 401. Short title.
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.
Sec. 406. Definitions.
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. 511. Short title.
Sec. 512. Findings.
Sec. 513. Housing assistance.
Sec. 514. Loan guarantees.
TITLE VI--MANUFACTURED HOUSING IMPROVEMENT
Sec. 601. Short title; references.
Sec. 602. Findings and purposes.
Sec. 603. Definitions.
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. 609. Fees.
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. 801. Short title.
Sec. 802. Regulations.
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.1101.Short title.
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
Sec.1200.Short title.
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--
(1) in subsection (a)--
(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'';
(B) in paragraph (1)--
(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'';
(2) in subsection (b)--
(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.--
(1) In general.--
(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) Thirty percent of the monthly adjusted income of
the disabled family.
(ii) Ten 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 one 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 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--
(1) in section 2--
(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--
(A) in paragraph (1)--
(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--
(1) in subsection (a)--
(A) in paragraph (1)--
(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--
(1) in subsection (c)--
(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--
(1) in subsection (a)--
(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.
(b) Membership.--
(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.
(2) Qualifications.--
(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).
(f) Powers.--
(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.''.
(e) Oversight.--
(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) has carried out--
``(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.
``(c) Review of Reports.--
``(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:
``(A) is not'';
(3) by striking ``(2) is a result'' and inserting the
following:
``(B) is a result'';
(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) one-third 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 one-half 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.
``In this title:
``(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.
``(b) Plan Requirement.--
``(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) Goals 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--
``(I) rental assistance;
``(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);
``(v) a description of--
``(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);
``(vi) a description of--
``(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) Review and Notice.--
``(1) Review.--
``(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.
``(2) Notice.--
``(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.
``(c) Review.--
``(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.
``(d) Updates to Plan.--
``(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.
``(a) Program Income.--
``(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.
``(b) Labor Standards.--
``(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.--
``(1) Release of funds.--
``(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.
``(2) Regulations.--
``(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.
``(b) Procedure.--
``(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
``(E) to--
``(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.
``(2) Eligible families.--
``(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--
``(I) section 810(b);
``(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.
``(D) Preference.--
``(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;
``(B) site improvement;
``(C) the development of utilities and utility services;
``(D) conversion;
``(E) demolition;
``(F) financing;
``(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;
``(C) energy auditing;
``(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;
``(B) loan processing;
``(C) inspections;
``(D) tenant selection;
``(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.
``(a) Rents.--
``(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--
``(A) equity investments;
``(B) interest-bearing loans or advances;
``(C) noninterest-bearing loans or advances;
``(D) interest subsidies;
``(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
assistance 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
``(3) provide for--
``(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
``(2) technical capacity.
``(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.
``(d) Review.--
``(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.
``(2) Procedure.--
``(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.
``(3) Disposition.--
``(A) Court proceedings.--
``(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.
``(B) Secretary.--
``(i) In general.--The Secretary, by reason of the
additional evidence referred to in subparagraph (A) and
filed with the court--
``(I) may--
``(aa) modify the findings of fact of the
Secretary; or
``(bb) make new findings; and
``(II) shall file--
``(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.
``(4) Finality.--
``(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.
``(a) Annual Review.--
``(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--
``(A) the Director has--
``(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 (j).
``(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 (c).
``(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.
``(2) Eligible housing.--
``(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.
``(4) Lenders.--
``(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 (e) 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.--
``(1) Approval process.--
``(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.
``(3) Effect.--
``(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.
``(e) Guarantee Fee.--
``(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.--
``(1) In general.--
``(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
(d)--
``(i) has failed--
``(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 (d) 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.--
``(1) Lender options.--
``(A) In general.--
``(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:
``(I) Foreclosure.--
``(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.
``(II) No foreclosure.--
``(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 (e);
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:
``(a) Establishment.--
``(1) Authority.--The Secretary shall establish, by order,
appropriate Federal manufactured home construction and safety
standards, each of which--
``(A) shall--
``(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) twenty-one 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) one 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 one 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 three 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.
``(G) Meetings.--
``(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 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 two-thirds 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 the 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.
``(b) Other Orders.--
``(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 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--
(1) in subsection (a)--
(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.
``(2) Amount recoverable.--
``(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.
``(a) Equity Skimming.--
``(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.
``(3) Amount.--
``(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 one 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 a 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'';
(2) in subsection (a)--
(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.'';
(3) in subsection (d)--
(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 third undesignated paragraph of section 10 of the Federal
Reserve Act (12 U.S.C. 243) is amended--
(1) by inserting after the first 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.
(a) In General.--
(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 the 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. App. 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 seventh
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 tenth 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.''.
(d) Export-Import Bank.--
(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;
``(3) specifies--
``(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 one 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.