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[House Report 106-562]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-562

======================================================================

 
      PROVIDING FOR THE CONSIDERATION OF H.R. 1776, THE AMERICAN 
           HOMEOWNERSHIP AND ECONOMIC OPPORTUNITY ACT OF 2000

                                _______
                                

   April 5, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Ms. Pryce of Ohio, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 460]

    The Committee on Rules, having had under consideration 
House Resolution 460, by an nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                Summary of Provisions of the Resolution

    The resolution provides for the consideration of H.R. 1776, 
the American Homeownership and Economic Opportunity Act of 
2000, under a structured rule. The rule provides one hour of 
general debate divided equally between the chairman and ranking 
minority member of the Committee on Banking and Financial 
Services. The Rule waives all points of order against 
consideration of the report.
    The rule makes in order the Committee on Banking and 
Financial Services amendment in the nature of a substitute now 
printed in the bill as an original bill for the purpose of 
amendment and waives all points of order against the amendment 
in the nature of the substitute. The rule also makes in order 
only those amendments printed in this report which may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for a division of the question in 
the House or in the Committee of the Whole.
    The rule waives all points of order against the amendments 
printed in this report. The rule allows the Chairman of the 
Committee of the Whole to postpone votes during consideration 
of the bill, and reduce voting time to five minutes on a 
postponed question if the vote follows a fifteen minute vote. 
Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 3 of rule XIII (requiring 
the inclusion in the report of a CBO cost estimate), a waiver 
of clause 4 of rule XXI (prohibiting appropriations in 
legislative bills), and a waiver of section 303 of the 
Congressional Budget Act (prohibiting the consideration of 
legislation, as reported, providing new budget authority, 
changes in revenue, or changes in the public debt for a fiscal 
year until the budget resolution for that year has been agreed 
to). The waiver of clause 3 of rule XIII is necessary because 
the report that was filed on March 29, 2000 failed to include a 
Congressional Budget Office cost estimate. The waiver of clause 
4 of rule XXI is necessary because section 1006 of the bill 
automatically appropriates the fees charged to lenders for loan 
guarantees issued. The waiver of section 303 of the 
Congressional Budget Act is necessary because the House has not 
yet passed the FY 2001 Budget Resolution Conference Report and 
because the Congressional Budget Office estimates the bill will 
result in a loss of revenue in the first year.
    The waiver of all points of order against the amendment in 
the nature of the substitute includes a waiver of section 303 
of the Congressional Budget Act for the same reasons as were 
specified for consideration of the bill. It also includes a 
waiver of clause 7 of rule XVI (prohibiting nongermane 
amendments) because section 1008 of the committee amendment in 
the nature of the substitute was not included in the original 
bill.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 97

    Date: April 5, 2000.
    Measure: H.R. 1776.
    Motion by: Representative Moakley.
    Summary of motion: To make in order the Frank Amendment to 
require: the Secretary to make available information regarding 
housing defects and other information that the Secretary 
determines will assist in carrying out the Title within 60 days 
of the request and that within 7 days of a request for 
information, the Secretary will notify all parties who have 
asked to be notified of such request, to give them the 
opportunity to comment on the information being released and in 
providing information, the Secretary must comply with FOIA and 
Privacy Act protections governing the release of information, 
and must establish a process by which to verify and enure the 
reliability of the information provided.
    Results: Defeated 1 to 7.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings--
Nay; Myrick--Nay; Reynolds--Nay; Moakley--Yea; Frost--Nay; 
Dreier--Nay.

           summary of amendments made in order under the rule

    Leach/LaFalce/Lazio/Frank (MA)--Manager's Amendment. Amends 
Section 205 to include law enforcement officers, teachers and 
firefighters; amends Section 249 of the National Housing Act 
and allows Community Development Financial Institutions, along 
with Private Mortgage Insurance Companies to engage in risk-
sharing activities with the Federal Housing Administration's 
single family mortgage insurance programs; amends Section 211 
of the bill to require a report on the Title I Home Improvement 
Loan Program with recommendations for improvements; expands 
housing assistance for native Hawaiians by extending to them 
the same type of federal housing programs available to American 
Indians and Alaska Natives; amends Section 1006 of the bill by 
striking subparagraph (u)(2); enhances the Secretary of HUD's 
authority over the appointment of members to the consensus 
committee; clarifies the findings and purposes section of the 
bill to protect the quality, durability, safety and 
affordability of manufactured homes and protect residents with 
respect to personal injury and the amount of insurance costs 
and property damage in manufactured homes; addresses concerns 
over states' rights issues regarding primary inspection 
agencies' roles in inspecting homes at the manufacturing plants 
and monitoring homes once they reach retail sites; incorporates 
language to address concerns about changes in the distribution 
of manufactured program fees to states; requires the HUD 
Secretary to retain at least three separate and independent 
contractors to carry out the work of Title XI; expresses the 
sense of the Congress that the Secretary of Housing and Urban 
Development should consult with other agencies to make 
additional properties available for law enforcement officers, 
teachers, and fire fighters; clarifies Title VI of the bill as 
it relates to the selection criteria for the Homeownership Zone 
Grant program and provides that the Department of Housing and 
Urban Development may not reject an applicant who meets the 
selection criteria solely on the basis that the homeownership 
zone is located in an unincorporated area; requires homeowners 
who are delinquent on their payments be given a notice, within 
45 days of their initial delinquency, stating that they are 
delinquent in payments; makes pre-kindergarten teachers 
eligible for housing benefits. (20 minutes)
    Coburn--Strikes section 203 (Reduced Downpayment 
Requirement for Loans for Teachers and Uniformed Municipal 
Employees), section 404 (Homeownership for Municipal 
Employees--CDBG funds) and section 505 (Homeownership for 
Municipal Employees--HOME funds). (20 minutes)
    Rush--Adds nurses to section 203 of the bill; allows the 
Secretary of HHS to define the term ``nurse'', which includes 
nurses employed in hospitals and nursing homes; specifies that 
under the bill, nurses would be required to live in the 
jurisdiction where the hospital, nursing home or other place of 
nursing employment is located. (10 minutes)
    Coburn--Amends section 203 to extend the benefits provided 
under the Section to the following: (1) those employed on a 
full-time basis by a tax exempt authority, (2) members of an 
organization under the jurisdiction of the NLRB, (3) those 
employed on a full-time basis by the Federal Government, (4) 
those employed on a full-time basis by a small business, (5) 
those who have a financial interest in a small business, (6) 
those who qualifies for the child care tax credit; amends 
section 404 to allow a mayor to use CDBG funds to assist any 
individual, irrespective of employer provided they meet the 
other requirements in the bill (live within the jurisdiction 
that receives the funds and with an income not exceeding 115% 
of the median average income.); and amends section 505 to 
extend the benefits provided under the Section to include the 
following: (1) those employed on a full-time basis by a tax 
exempt authority, (2) members of an organization under the 
jurisdiction of the NLRB, (3) those employed on a full-time 
basis by the Federal Government, (4) those employed on a full-
time basis by a small business, (5) those who have a financial 
interest in a small business, (6) those who qualify for the 
child care tax credit. (10 minutes)
    Andrews--Requires that anyone who certifies an FHA financed 
home for energy efficiency must be ``an accredited home energy 
rating system provider.'' (10 minutes)
    Weygand--Increases the loan limit for the Title I single 
family home improvement program from $25,000 to $32,500 to 
reflect the increase in housing material costs since 1991 when 
the limit was last increased. (10 minutes)
    Waters--Strikes language in Title IV that raises the CDBG 
income eligibility for a median household income to 150% and 
115% and bring it back down to the existing level. (20 minutes)
    Shays/Nadler/Crowley/Morella--Increases the funding 
authorization for the Housing Opportunities for Persons with 
Aids (HOPWA) program from $260 million to $292 million for 
fiscal year 2001. (20 minutes)
    Paul/Kilpatrick--Amends the Community Development Block 
Grant program to prohibit the use of funds for ``activities 
involving the acquisition of church property, unless the 
consent of the governing body of the church is obtained.'' (10 
minutes)
    Traficant--Authorizes $35 million special purpose Community 
Development Block Grant for site acquisition, planning, 
architectural design and construction of a convocation and 
community center in Youngstown, Ohio. (10 minutes)
    Souder--Allows religious organizations to compete for the 
block grants provided in the bill on the same basis that other 
private organizations compete. (20 minutes)
    Miller, Gary--Modifies the eligible local housing authority 
definition for the HUD Public Housing Drug Elimination Program 
Grants to include local housing authorities that can show 
evidence, through local efforts between the housing authority 
and police department, that they were able to eliminate drug 
and crime problems in public housing. (10 minutes)
    Summaries provided by amendment sponsors.

            text of amendments made in order under the rule

   1. An Amendment To Be Offered by Representative Leach of Iowa, or 
  Representative LaFalce of New York, or a Designee, Debatable for 20 
                                Minutes.

  Page 28, line 24, after the comma insert ``except that 
elementary education shall include pre-Kindergarten education, 
and''.
  Page 36, strike line 13, and all that follows through page 
37, line 2, and insert the following:

SEC. 206. COMMUNITY PARTNERS NEXT DOOR PROGRAM.

  (a) Short Title.--This section may be cited as the 
``Community Partners Next Door Act''.
  (b) Congressional Findings.--The Congress finds that--
          (1) teachers, law enforcement officers, fire 
        fighters, and rescue personnel help form the backbones 
        of communities and are integral components in the 
        social capital of neighborhoods in the United States; 
        and
          (2) providing a discounted purchase price on HUD-
        owned properties for teachers, law enforcement 
        officers, fire fighters, and rescue personnel 
        recognizes the intrinsic value of the services provided 
        by such employees to their communities and to family 
        life and encourages and rewards those who are dedicated 
        to providing public service in our most needy 
        communities.
  Page 37, line 10, after ``teachers'' insert ``and public 
safety officers''.
  Page 37, line 14, after ``teacher'' insert ``or public safety 
officer''.
  Page 38, line 2, after ``teacher'' insert ``or public safety 
officer''.
  Page 38, line 9, after ``teacher'' insert ``or public safety 
officer''.
  Page 38, line 11, after ``teacher'' insert ``or public safety 
officer''.
  Page 38, line 20, after ``teacher'' insert ``or public safety 
officer''.
  Page 39, line 4, after ``teacher'' insert ``or public safety 
officer''.
  Page 39, strike line 15, and all that follows through page 
40, line 6.
  Page 40, line 7, strike ``(H)'' and insert ``(G)''.
  Page 40, after line 20, insert the following:
                          ``(iii) The term `public safety 
                        officer' means an individual who is 
                        employed on a full-time basis as a 
                        public safety officer described in 
                        section 203(b)(10)(B)(i)(I)(bb).
  Page 40, line 21, strike ``(iii)'' and insert ``(iv)''.
  Page 40, line 24 after ``State-certified'' insert ``or State-
licensed''.
  Page 40, line 24, before ``ad-'' insert ``or as an''.
  Page 41, lines 14 and 15, strike ``community development 
financial institution''.
  Strike line 24 on page 41 and all that follows through page 
42, line 1, and insert the following:
                  (A) in the first sentence, by inserting ``and 
                insured community development financial 
                institutions'' after ``private mortgage 
                insurers'';
  Page 42, strike lines 12 through 15, and insert the 
following:
                  (A) in the first sentence, by inserting ``and 
                with insured community development financial 
                institutions'' before the period at the end;
  Page 42, after line 18, insert the following new 
subparagraph:
                  (C) in the second sentence, by inserting 
                ``and insured community development financial 
                institutions'' after ``private mortgage 
                insurance companies'';
  Page 42, line 19, strike ``(C)'' and insert ``(D)''.
  Page 43, line 3, strike ``(D)'' and insert ``(E)''.
  Page 43, strike lines 17 through 23 and insert the following:
                  (B) in the second sentence, by inserting ``or 
                insured community development financial 
                institution'' after ``private mortgage 
                insurance company'';
          (6) in subsection (d), by inserting ``or insured 
        community development financial institution'' after 
        ``private mortgage insurance company''; and
  Page 59, line 10, strike ``1 year'' and insert ``3 months''.
  Page 59, after line 23, insert the following new section:

SEC. 212. SENSE OF CONGRESS REGARDING MAKING PROPERTIES AVAILABLE FOR 
                    HOMEOWNERSHIP PROGRAMS.

  It is the sense of the Congress that the Secretary of Housing 
and Urban Development should consult with the heads of other 
agencies of the Federal Government that own or hold properties 
appropriate for use as housing to determine the possibility and 
effectiveness of including such properties in programs that 
make housing available for law enforcement officers, teachers, 
or fire fighters.
  Page 110, after line 2, insert the following:
The Secretary may not treat any application for a grant under 
this section adversely in any manner solely on the basis that 
the homeownership zone is located, in whole or in part, within 
unincorporated areas.
  Page 119, after line 1, insert the following new subsection:
  (a) Extension of Programs.--
          (1) Emergency homeownership counseling.--Section 
        106(c)(9) of the Housing and Urban Development Act of 
        1968 (12 U.S.C. 1701x(c)(9)) is amended by striking 
        ``September 30, 2000'' and inserting ``September 30, 
        2005''.
          (2) Prepurchase and foreclosure prevention counseling 
        demonstration.--Section 106(d)(12) of the Housing and 
        Urban Development Act of 1968 (12 U.S.C. 1701x(d)(12)) 
        is amended by striking ``fiscal year 1994'' and 
        inserting ``fiscal year 2005''.
  Page 119, line 2, before ``Section'' insert ``(b) Cooperative 
Ownership Housing Corporations.--
  Page 121, strike lines 12 and 13 and insert the following:

                TITLE VII--NATIVE AMERICAN HOMEOWNERSHIP

                  Subtitle A--Native American Housing

  Page 138, strike lines 12 through 18 and insert the following 
new subsection:
  (j) 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.''.
  Page 139, after line 16, insert the following new subtitle:

                  Subtitle B--Native Hawaiian Housing

SEC. 721. SHORT TITLE.

  This subtitle may be cited as the ``Hawaiian Homelands 
Homeownership Act of 2000''.

SEC. 722. 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 section 723 of 
        this subtitle, eligible to reside on the Hawaiian Home 
        Lands are the most severe, as--
                  (A) the percentage of overcrowding in Native 
                Hawaiian households on the Hawaiian Home Lands 
                is 36 percent; and
                  (B) approximately 13,000 Native Hawaiians, 
                which constitute 95 percent of the Native 
                Hawaiians who are eligible to reside on the 
                Hawaiian Home Lands, are in need of housing;
          (8) applying the Department of Housing and Urban 
        Development guidelines--
                  (A) 70.8 percent of Native Hawaiians who 
                either reside or who are eligible to reside on 
                the Hawaiian Home Lands have incomes that fall 
                below the median family income; and
                  (B) 50 percent of Native Hawaiians who either 
                reside or who are eligible to reside on the 
                Hawaiian Home Lands have incomes below 30 
                percent of the median family income;
          (9) \1/3\ of those Native Hawaiians who are eligible 
        to reside on the Hawaiian Home Lands pay more than 30 
        percent of their income for shelter, and \1/2\ of those 
        Native Hawaiians face overcrowding;
          (10) the extraordinarily severe housing needs of 
        Native Hawaiians demonstrate that Native Hawaiians who 
        either reside on, or are eligible to reside on, 
        Hawaiian Home Lands have been denied equal access to 
        Federal low-income housing assistance programs 
        available to other qualified residents of the United 
        States, and that a more effective means of addressing 
        their housing needs must be authorized;
          (11) consistent with the recommendations of the 
        National Commission on American Indian, Alaska Native, 
        and Native Hawaiian Housing, and in order to address 
        the continuing prevalence of extraordinarily severe 
        housing needs among Native Hawaiians who either reside 
        or are eligible to reside on the Hawaiian Home Lands, 
        Congress finds it necessary to extend the Federal low-
        income housing assistance available to American Indians 
        and Alaska Natives under the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4101 et seq.) to those Native Hawaiians;
          (12) under the treatymaking power of the United 
        States, Congress had the constitutional authority to 
        confirm a treaty between the United States and the 
        government that represented the Hawaiian people, and 
        from 1826 until 1893, the United States recognized the 
        independence of the Kingdom of Hawaii, extended full 
        diplomatic recognition to the Hawaiian Government, and 
        entered into treaties and conventions with the Hawaiian 
        monarchs to govern commerce and navigation in 1826, 1842, 
        1849, 1875, and 1887;
          (13) the United States has recognized and reaffirmed 
        that--
                  (A) Native Hawaiians have a cultural, 
                historic, and land-based link to the indigenous 
                people who exercised sovereignty over the 
                Hawaiian Islands, and that group has never 
                relinquished its claims to sovereignty or its 
                sovereign lands;
                  (B) Congress does not extend services to 
                Native Hawaiians because of their race, but 
                because of their unique status as the 
                indigenous people of a once sovereign nation as 
                to whom the United States has established a 
                trust relationship;
                  (C) Congress has also delegated broad 
                authority to administer a portion of the 
                Federal trust responsibility to the State of 
                Hawaii;
                  (D) the political status of Native Hawaiians 
                is comparable to that of American Indians and 
                Alaska Natives; and
                  (E) the aboriginal, indigenous people of the 
                United States have--
                          (i) a continuing right to autonomy in 
                        their internal affairs; and
                          (ii) an ongoing right of self-
                        determination and self-governance that 
                        has never been extinguished;
          (14) the political relationship between the United 
        States and the Native Hawaiian people has been 
        recognized and reaffirmed by the United States as 
        evidenced by the inclusion of Native Hawaiians in--
                  (A) the Native American Programs Act of 1974 
                (42 U.S.C. 2291 et seq.);
                  (B) the American Indian Religious Freedom Act 
                (42 U.S.C. 1996 et seq.);
                  (C) the National Museum of the American 
                Indian Act (20 U.S.C. 80q et seq.);
                  (D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                  (E) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.);
                  (F) the Native American Languages Act of 1992 
                (106 Stat. 3434);
                  (G) the American Indian, Alaska Native and 
                Native Hawaiian Culture and Arts Development 
                Act (20 U.S.C. 4401 et seq.);
                  (H) the Job Training Partnership Act (29 
                U.S.C. 1501 et seq.); and
                  (I) the Older Americans Act of 1965 (42 
                U.S.C. 3001 et seq.); and
          (15) in the area of housing, the United States has 
        recognized and reaffirmed the political relationship 
        with the Native Hawaiian people through--
                  (A) the enactment of the Hawaiian Homes 
                Commission Act, 1920 (42 Stat. 108 et seq.), 
                which set aside approximately 200,000 acres of 
                public lands that became known as Hawaiian Home 
                Lands in the Territory of Hawaii that had been 
                ceded to the United States for homesteading by 
                Native Hawaiians in order to rehabilitate a 
                landless and dying people;
                  (B) the enactment of the Act entitled ``An 
                Act to provide for the admission of the State 
                of Hawaii into the Union'', approved March 18, 
                1959 (73 Stat. 4)--
                          (i) by ceding to the State of Hawaii 
                        title to the public lands formerly held 
                        by the United States, and mandating 
                        that those lands be held in public 
                        trust, for the betterment of the 
                        conditions of Native Hawaiians, as that 
                        term is defined in section 201 of the 
                        Hawaiian Homes Commission Act, 1920 (42 
                        Stat. 108 et seq.); and
                          (ii) by transferring the United 
                        States responsibility for the 
                        administration of Hawaiian Home Lands 
                        to the State of Hawaii, but retaining 
                        the authority to enforce the trust, 
                        including the exclusive right of the 
                        United States to consent to any actions 
                        affecting the lands which comprise the 
                        corpus of the trust and any amendments 
                        to the Hawaiian Homes Commission Act, 
                        1920 (42 Stat. 108 et seq.), enacted by 
                        the legislature of the State of Hawaii 
                        affecting the rights of beneficiaries 
                        under the Act;
                  (C) the authorization of mortgage loans 
                insured by the Federal Housing Administration 
                for the purchase, construction, or refinancing 
                of homes on Hawaiian Home Lands under the 
                National Housing Act (Public Law 479, 73d 
                Congress; 12 U.S.C. 1701 et seq.);
                  (D) authorizing Native Hawaiian 
                representation on the National Commission on 
                American Indian, Alaska Native, and Native 
                Hawaiian Housing under Public Law 101-235;
                  (E) the inclusion of Native Hawaiians in the 
                definition under section 3764 of title 38, 
                United States Code, applicable to subchapter V 
                of chapter 37 of title 38, United States Code 
                (relating to a housing loan program for Native 
                American veterans); and
                  (F) the enactment of the Hawaiian Home Lands 
                Recovery Act (109 Stat. 357; 48 U.S.C. 491, 
                note prec.) which establishes a process for the 
                conveyance of Federal lands to the Department 
                of Hawaiian Homes Lands that are equivalent in 
                value to lands acquired by the United States 
                from the Hawaiian Home Lands inventory.

SEC. 723. 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) 2 or more elderly persons or 
                        near-elderly persons, as the case may 
                        be, living together; and
                          ``(ii) 1 or more persons described in 
                        clause (i) living with 1 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) 5-Year Plan.--Each housing plan under this section 
shall--
          ``(1) be in a form prescribed by the Secretary; and
          ``(2) contain, with respect to the 5-year period 
        beginning with the fiscal year for which the plan is 
        submitted, the following information:
                  ``(A) Mission statement.--A general statement 
                of the mission of the Department of Hawaiian 
                Home Lands to serve the needs of the low-income 
                families to be served by the Department.
                  ``(B) Goal and objectives.--A statement of 
                the goals and objectives of the Department of 
                Hawaiian Home Lands to enable the Department to 
                serve the needs identified in subparagraph (A) 
                during the period.
                  ``(C) Activities plans.--An overview of the 
                activities planned during the period including 
                an analysis of the manner in which the 
                activities will enable the Department to meet 
                its mission, goals, and objectives.
  ``(c) 1-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 affordablehousing 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 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 
assisted pursuant to section 809(a)(2)(B) shall be considered 
affordable housing for purposes of this title.

 ``SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION.

  ``(a) Leases.--Except to the extent otherwise provided by or 
inconsistent with the laws of the State of Hawaii, in renting 
dwelling units in affordable housing assisted with grant 
amounts provided under this title, the Director, owner, or 
manager shall use leases that--
          ``(1) do not contain unreasonable terms and 
        conditions;
          ``(2) require the Director, owner, or manager to 
        maintain the housing in compliance with applicable 
        housing codes and quality standards;
          ``(3) require the Director, owner, or manager to give 
        adequate written notice of termination of the lease, 
        which shall be the period of time required under 
        applicable State or local law;
          ``(4) specify that, with respect to any notice of 
        eviction or termination, notwithstanding any State or 
        local law, a resident shall be informed of the 
        opportunity, before any hearing or trial, to examine 
        any relevant documents, record, or regulations directly 
        related to the eviction or termination;
          ``(5) require that the Director, owner, or manager 
        may not terminate the tenancy, during the term of the 
        lease, except for serious or repeated violation of the 
        terms and conditions of the lease, violation of 
        applicable Federal, State, or local law, or for other 
        good cause; and
          ``(6) provide that the Director, owner, or manager 
        may terminate the tenancy of a resident for any 
        activity, engaged in by the resident, any member of the 
        household of the resident, or any guest or other person 
        under the control of the resident, that--
                  ``(A) threatens the health or safety of, or 
                right to peaceful enjoyment of the premises by, 
                other residents or employees of the Department, 
                owner, or manager;
                  ``(B) threatens the health or safety of, or 
                right to peaceful enjoyment of their premises 
                by, persons residing in the immediate vicinity 
                of the premises; or
                  ``(C) is criminal activity (including drug-
                related criminal activity) on or off the 
                premises.
  ``(b) Tenant or Homebuyer Selection.--As a condition to 
receiving grant amounts under this title, the Director shall 
adopt and use written tenant and homebuyer selection policies 
and criteria that--
          ``(1) are consistent with the purpose of providing 
        housing for low-income families;
          ``(2) are reasonably related to program eligibility 
        and the ability of the applicant to perform the 
        obligations of the lease; and
          ``(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 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 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. 724. 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 1 or more 
        persons maintaining a household, as the Secretary shall 
        by regulation provide.
          ``(4) Guarantee fund.--The term `Guarantee Fund' 
        means the Native Hawaiian Housing Loan Guarantee Fund 
        established under subsection (i).
          ``(5) Hawaiian home lands.--The term `Hawaiian Home 
        Lands' means lands that--
                  ``(A) have the status of Hawaiian Home Lands 
                under section 204 of the Hawaiian Homes 
                Commission Act (42 Stat. 110); or
                  ``(B) are acquired pursuant to that Act.
          ``(6) Native hawaiian.--The term `Native Hawaiian' 
        means any individual who is--
                  ``(A) a citizen of the United States; and
                  ``(B) a descendant of the aboriginal people, 
                who, prior to 1778, occupied and exercised 
                sovereignty in the area that currently 
                constitutes the State of Hawaii, as evidenced 
                by--
                          ``(i) genealogical records;
                          ``(ii) verification by kupuna 
                        (elders) or kama'aina (long-term 
                        community residents); or
                          ``(iii) birth records of the State of 
                        Hawaii.
          ``(7) Office of hawaiian affairs.--The term `Office 
        of Hawaiian Affairs' means the entity of that name 
        established under the constitution of the State of 
        Hawaii.
  ``(b) Authority.--To provide access to sources of private 
financing to Native Hawaiian families who otherwise could not 
acquire housing financing because of the unique legal status of 
the Hawaiian Home Lands or as a result of a lack of access to 
private financial markets, the Secretary may guarantee an 
amount not to exceed 100 percent of the unpaid principal and 
interest that is due on an eligible loan under subsection (b).
  ``(c) Eligible Loans.--Under this section, a loan is an 
eligible loan if that loan meets the following requirements:
          ``(1) Eligible borrowers.--The loan is made only to a 
        borrower who is--
                  ``(A) a Native Hawaiian family;
                  ``(B) the Department of Hawaiian Home Lands;
                  ``(C) the Office of Hawaiian Affairs; or
                  ``(D) a private nonprofit organization 
                experienced in the planning and development of 
                affordable housing for Native Hawaiians.
          ``(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 (d) and service 
                charges, if any) at a rate agreed upon by the 
                borrower and the lender and determined by the 
                Secretary to be reasonable, but not to exceed 
                the rate generally charged in the area (as 
                determined by the Secretary) for home mortgage 
                loans not guaranteed or insured by any agency 
                or instrumentality of the Federal Government;
                  ``(C) involve a principal obligation not 
                exceeding--
                          ``(i) 97.75 percent of the appraised 
                        value of the property as of the date 
                        the loan is accepted for guarantee (or 
                        98.75 percent if the value of the 
                        property is $50,000 or less); or
                          ``(ii) the amount approved by the 
                        Secretary under this section; and
                  ``(D) involve a payment on account of the 
                property--
                          ``(i) in cash or its equivalent; or
                          ``(ii) through the value of any 
                        improvements to the property made 
                        through the skilled or unskilled labor 
                        of the borrower, as the Secretary shall 
                        provide.
  ``(d) Certificate of Guarantee.--
          ``(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 
                (c)--
                          ``(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 (c) has failed to 
                carry out an activity described in subparagraph 
                (A)(i) or has engaged in practices described in 
                subparagraph (A)(ii), the Secretary may--
                          ``(i) refuse, either temporarily or 
                        permanently, to guarantee any further 
                        loans made by such lender or holder;
                          ``(ii) bar such lender or holder from 
                        acquiring additional loans guaranteed 
                        under this section; and
                          ``(iii) require that such lender or 
                        holder assume not less than 10 percent 
                        of any loss on further loans made or 
                        held by the lender or holder that are 
                        guaranteed under this section.
          ``(2) Civil money penalties for intentional 
        violations.--
                  ``(A) In general.--The Secretary may impose a 
                civil monetary penalty on a lender or holder of 
                a guarantee certificate under subsection (d) if 
                the Secretary determines that the holder or 
                lender has intentionally failed--
                          ``(i) to maintain adequate accounting 
                        records;
                          ``(ii) to adequately service loans 
                        guaranteed under this section; or
                          ``(iii) to exercise proper credit or 
                        underwriting judgment.
                  ``(B) Penalties.--A civil monetary penalty 
                imposed under this paragraph shall be imposed 
                in the manner and be in an amount provided 
                under section 536 of the National Housing Act 
                (12 U.S.C.A. 1735f-1) with respect to 
                mortgagees and lenders under that Act.
          ``(3) Payment on loans made in good faith.--
        Notwithstanding paragraphs (1) and (2), if a loan was 
        made in good faith, the Secretary may not refuse to pay 
        a lender or holder of a valid guarantee on that loan, 
        without regard to whether the lender or holder is 
        barred under this subsection.
  ``(i) Payment Under Guarantee.--
          ``(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 1 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 (d); and
                  ``(D) any interest or earnings on amounts 
                invested under paragraph (4).
          ``(3) Use.--Amounts in the Guarantee Fund shall be 
        available, to the extent provided in appropriations 
        Acts, for--
                  ``(A) fulfilling any obligations of the 
                Secretary with respect to loans guaranteed 
                under this section, including the costs (as 
                that term is defined in section 502 of the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 
                661a)) of such loans;
                  ``(B) paying taxes, insurance, prior liens, 
                expenses necessary to make fiscal adjustment in 
                connection with the application and transmittal 
                of collections, and other expenses and advances 
                to protect the Secretary for loans which are 
                guaranteed under this section or held by the 
                Secretary;
                  ``(C) acquiring such security property at 
                foreclosure sales or otherwise;
                  ``(D) paying administrative expenses in 
                connection with this section; and
                  ``(E) reasonable and necessary costs of 
                rehabilitation and repair to properties that 
                the Secretary holds or owns pursuant to this 
                section.
          ``(4) Investment.--Any amounts in the Guarantee Fund 
        determined by the Secretary to be in excess of amounts 
        currently required at the time of the determination to 
        carry out this section may be invested in obligations 
        of the United States.
          ``(5) Limitation on commitments to guarantee loans 
        and mortgages.--
                  ``(A) Requirement of appropriations.--The 
                authority of the Secretary to enter into 
                commitments to guarantee loans under this 
                section shall be effective for any fiscal year 
                to the extent, or in such amounts as are, or 
                have been, provided in appropriations Acts, 
                without regard to the fiscal year for which 
                such amounts were appropriated.
                  ``(B) Limitations on costs of guarantees.--
                The authority of the Secretary to enter into 
                commitments to guarantee loans under this 
                section shall be effective for any fiscal year 
                only to the extent that amounts in the 
                Guarantee Fund are or have been made available 
                in appropriations Acts to cover the costs (as 
                that term is defined in section 502 of the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 
                661a)) of such loan guarantees for such fiscal 
                year. Any amounts appropriated pursuant to this 
                subparagraph shall remain available until 
                expended.
                  ``(C) Limitation on outstanding aggregate 
                principal amount.--Subject to the limitations 
                in subparagraphs (A) and (B), the Secretary may 
                enter into commitments to guarantee loans under 
                this section for each of fiscal years 2001, 
                2002, 2003, 2004, and 2005 with an aggregate 
                outstanding principal amount not exceeding 
                $100,000,000 for each such fiscal year.
          ``(6) Liabilities.--All liabilities and obligations 
        of the assets credited to the Guarantee Fund under 
        paragraph (2)(A) shall be liabilities and obligations 
        of the Guarantee Fund.
          ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Guarantee Fund to 
        carry out this section such sums as may be necessary 
        for each of fiscal years 2001, 2002, 2003, 2004, and 
        2005.
  ``(k) Requirements for Standard Housing.--
          ``(1) In general.--The Secretary shall, by 
        regulation, establish housing safety and quality 
        standards to be applied for use under this section.
          ``(2) Standards.--The standards referred to in 
        paragraph (1) shall--
                  ``(A) provide sufficient flexibility to 
                permit the use of various designs and materials 
                in housing acquired with loans guaranteed under 
                this section; and
                  ``(B) require each dwelling unit in any 
                housing acquired in the manner described in 
                subparagraph (A) to--
                          ``(i) be decent, safe, sanitary, and 
                        modest in size and design;
                          ``(ii) conform with applicable 
                        general construction standards for the 
                        region in which the housing is located;
                          ``(iii) contain a plumbing system 
                        that--
                                  ``(I) uses a properly 
                                installed system of piping;
                                  ``(II) includes a kitchen 
                                sink and a partitional bathroom 
                                with lavatory, toilet, and bath 
                                or shower; and
                                  ``(III) uses water supply, 
                                plumbing, and sewage disposal 
                                systems that conform to any 
                                minimum standards established 
                                by the applicable county or 
                                State;
                          ``(iv) contain an electrical system 
                        using wiring and equipment properly 
                        installed to safely supply electrical 
                        energy for adequate lighting and for 
                        operation of appliances that conforms 
                        to any appropriate county, State, or 
                        national code;
                          ``(v) be not less than the size 
                        provided under the applicable locally 
                        adopted standards for size of dwelling 
                        units, except that the Secretary, upon 
                        request of the Department of Hawaiian 
                        Home Lands may waive the size 
                        requirements under this paragraph; and
                          ``(vi) conform with the energy 
                        performance requirements for new 
                        construction established by the 
                        Secretary under section 526(a) of the 
                        National Housing Act (12 U.S.C.A. 
                        1735f-4), unless the Secretary 
                        determines that the requirements are 
                        not applicable.
  ``(l) Applicability of Civil Rights Statutes.--To the extent 
that the requirements of title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.) or of the Fair Housing Act (42 
U.S.C.A. 3601 et seq.) apply to a guarantee provided under this 
subsection, nothing in the requirements concerning 
discrimination on the basis of race shall be construed to 
prevent the provision of the guarantee to an eligible entity on 
the basis that the entity serves Native Hawaiian families or is 
a Native Hawaiian family.''.
  Page 166, in line 10, strike the dash and all that follows 
through ``general.'' in line 11.
  Page 166, strike lines 17 through 25.
  Strike line 25 on page 173, and all that follows through line 
2 on page 174, and insert the following:
          ``(1) to protect the quality, durability, safety, and 
        affordability of manufactured homes;''
  Page 174, strike lines 11 through 13 and insert the 
following:
          ``(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;''.
  Page 176, line 18, before the semicolon insert ``, including 
the inspection of homes in the plant''.
  Page 176, line 21, strike both commas.
  Strike line 25 on page 176 and all that follows through 
``means'' in line 1 on page 177, and insert the following:
          ``(21) `monitoring' means
  Page 177, lines 5 through 7, strike ``recommended by the 
consensus committee and promulgated in accordance with'' and 
insert ``promulgated under this title, giving due consideration 
to the recommendations of the consensus committee as provided 
in''.
  Page 177, line 10, strike ``; and'' and insert ``.'.''.
  Page 177, strike lines 11 through 13.
  Page 179, line 19, strike ``appoint'' and insert 
``recommend''.
  Page 182, lines 12 and 13, strike ``, subject to approval by 
the Secretary,'' and insert ``by the Secretary, after 
consideration of the recommendations made''.
  Page 182, line 14, insert a comma after ``organization''.
  Page 182, strike lines 22 through 25 and insert the 
following:
                  ``(C) Disapproval.--The Secretary shall 
                state, in writing, the reasons for failing to 
                appoint any individual recommended under 
                paragraph (2)(A)(ii)(I).
  Page 184, lines 1 and 2, strike ``administering organization 
in its appointments'' and insert ``Secretary''.
  Page 188, line 20, before the period insert ``in accordance 
with section 553 of title 5, United States Code''.
  Page 188, line 23, after ``standard'' insert ``in accordance 
with such section 553''.
  Page 189, line 22, strike ``7'' and insert ``30''.
  Page 193, line 5, after ``regulations'' insert ``and revision 
to existing regulations''.
  Page 195, strike lines 16 through 22 and insert the 
following:
          ``(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 which 
        jeopardizes the public health or safety, the Secretary
  Page 196, line 3, strike ``emergency''.
  Page 196, line 5, after ``issues'' insert ``the order after 
notice and an opportunity for public comment in accordance with 
section 553 of title 5, United States Code,''.
  Page 196, line 12, strike ``of'' and insert ``or''.
  Page 196, line 19, strike ``1104(a)(3)'' and insert 
``604(a)(3)''.
  Page 199, line 18, after ``shall'' insert ``to the maximum 
extent possible, taking into account the factors described in 
section 604(e),''.
  Page 200, after line 9, insert the following:
          ``(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.
  Strike ``, except that'' in line 20 on page 201, and all that 
follows through line 2 on page 202, and insert a period.
  Page 206, after line 3, insert the following new section:

SEC. 1108. 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.''.
  Page 207, line 10, strike ``and''.
  Page 207, after line 13, insert the following:
                  ``(F) implementing sections 605 and 623; and
  Page 207, strike lines 19 through 23 and insert the 
following:
  ``(b) Contractors.--When using fees under this section, the 
Secretary shall ensure that no fewer than 3 separate contracts 
and 3 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; except 
that the required minimum number of separate contracts and 
separate and independent contractors shall increase to 4 
simultaneous with the latter of--
          ``(1) the issuance by the Secretary of a request for 
        proposals for the implementation of installation 
        programs, and
          ``(2) the issuance by the Secretary of a request for 
        proposals for the implementation of dispute resolution 
        program,
as provided in this title. The Secretary shall also ensure that 
no conflict of interest arises from the award of any such 
contracts.''.
  Page 208, line 17, strike the quotation marks and the last 
period.
  Page 208, after line 17, insert the following:
          ``(3) Payments to states.--On and after the effective 
        date of the Manufactured Housing Improvement Act, the 
        Secretary shall continue to fund the States having 
        approved State plans in amounts which are not less than 
        the allocated amounts based on the fee distribution 
        system in effect on the day before the effective date 
        of such Act.''.
  Page 208, lines 20 and 21, strike ``5(b)'' each place such 
term appears and insert ``1105(b)''.
  Page 209, line 19, after the period insert the following: 
``The order establishing the dispute resolution program shall 
be issued after notice and an opportunity for public comment in 
accordance with section 553 of title 5, United States Code.''.
  Page 210, strike lines 7 through 11 and insert 
``paragraph.''.
  Page 211, line 16, after ``awarded'' insert ``after April 6, 
2000,''.
                              ----------                              

2. An Amendment To Be Offered by Representative Coburn of Oklahoma, or 
                  a Designee, Debatable for 20 Minutes

  Strike line 6 on page 27 and all that follows through line 13 
on page 31.
  Strike line 3 on page 73 and all that follows through line 16 
on page 76.
  Strike line 13 on page 91 and all that follows through line 
21 on page 93.
                              ----------                              

3. An Amendment To Be Offered by Representative Rush of Illinois, or a 
                   Designee, Debatable for 10 Minutes

  Page 27, line 14, after ``teachers'' insert ``, nurses,''.
  Page 29, line 1, strike ``or (bb)'' and insert ``(bb) a nurse 
(as such term is defined by the Secretary, except that such 
term shall include nurses employed in hospitals and nursing 
homes), or (cc)''.
  Page 30, line 3, strike ``or''.
  Page 30, after line 3, insert the following:
                                  ``(II) in the case of a 
                                mortgage of a mortgagor 
                                described in clause (i)(I)(bb), 
                                the jurisdiction in which the 
                                hospital, nursing home, or 
                                other place of work of the 
                                nurse is located; or
  Page 30, line 4, strike ``(II)'' and insert ``(III)''.
  Page 30, line 6, strike ``(i)(I)(bb)'' and insert 
``(i)(I)(cc)''.
  Page 73, line 16, after ``of,'' insert ``and nurses (which 
shall include nurses employed in hospitals and nursing 
homes)''.
                              ----------                              

4. An Amendment To Be Offered by Representative Coburn of Oklahoma, or 
                  a Designee, Debatable for 10 Minutes

  Page 28, line 19, after ``(I)'' insert ``(aa)''.
  Page 29, line 1, strike ``or (bb)'' and insert ``(bb) is 
employed on a full-time basis as''.
  Page 29, line 8, before the semicolon insert the following:
                                , (cc) is employed on a full-
                                time basis by a tax-exempt 
                                authority, (dd) is employed on 
                                a full-time basis by the 
                                Federal Government, (ee) is a 
                                member of an organization under 
                                the jurisdiction of the 
                                National Labor Relations Board, 
                                (ff) is employed on a full-time 
                                basis by, or has a financial 
                                interest in, a small business, 
                                or (gg) qualifies for the child 
                                care tax credit under section 
                                24 of the Internal Revenue Code 
                                of 1986
  Page 73, line 3, strike ``employees'' and insert 
``residents''.
  Page 73, strike lines 13 through 23 and insert the following:
          ``(24) provision of direct assistance to facilitate 
        and expand homeownership among residents of the 
        metropolitan city or urban county receiving grant 
        amounts under this title pursuant to section 106(b) or 
        the unit of general local government receiving such 
        grant amounts pursuant to section 106(d), except that--
  Page 73, line 25, strike ``employees'' and insert 
``residents''.
  Page 74, lines 11 and 12, strike ``employees'' and insert 
``residents''.
  Page 75, lines 2 and 3, strike ``employees'' and insert 
``residents''.
  Page 92, line 8, after ``(B)(i)'' insert ``(I)''.
  Page 92, line 15, strike ``and'' and insert ``or''.
  Page 92, after line 15, insert the following:
                  ``(II)(aa) is employed on a full-time basis 
                by a tax-exempt authority, is employed on a 
                full-time basis by the Federal Government, is a 
                member of an organization under the 
                jurisdiction of the National Labor Relations 
                Board, is employed on a full-time basis by, or 
                has a financial interest in, a small business, 
                or is qualified for the child care tax credit 
                under section 24 of the Internal Revenue Code 
                of 1986, and (bb) is a resident of the 
                participating jurisdiction that is investing 
                funds made available under this title to 
                support homeownership of the residence; and
                              ----------                              

5. An Amendment To Be Offered by Representative Andrews of New Jersey, 
                or a Designee, Debatable for 10 Minutes

  Page 53, after line 25, insert the following new section:

SEC. 209. ENERGY EFFICIENCY CERTIFICATIONS.

  Section 526(a) of the National Housing Act (12 U.S.C. 1735f-
4(a)) is amended--
          (1) by inserting ``(1)'' after ``(a)''; and
          (2) by adding at the end the following new paragraph:
  ``(2) The Secretary shall require, with respect to any 
single- or multifamily residential housing subject to a 
mortgage insured under this Act, that any approval or 
certification of the housing for meeting any energy efficiency 
or conservation criteria, standards, or requirements pursuant 
to this title and any approval or certification required 
pursuant to this title with respect to energy conserving 
improvements or any solar energy system, shall be conducted 
only by a home energy rating system provider who has been 
accredited to conduct such ratings by the Home Energy Ratings 
System Council, the Residential Energy Services Network, or 
such other appropriate national organization, as the Secretary 
may provide.''.
                              ----------                              

   6. An Amendment To Be Offered by Representative Weygand of Rhode 
            Island, or a Designee, Debatable for 10 Minutes

  Page 59, after line 23, insert the following new section:

SEC. 212. PROPERTY IMPROVEMENT LOAN LIMIT FOR SINGLE-FAMILY HOMES.

  Section 2(b)(1)(A)(i) of the National Housing Act (12 U.S.C. 
1703(b)(1)(A)(i)) is amended by striking ``$25,000'' and 
inserting ``$32,500''.
                              ----------                              

 7. An Amendment To Be Offered by Representative Waters of California, 
                or a Designee, Debatable for 20 Minutes

    Page 73, line 4, strike ``(a) Eligible Activities.--
    Page 74, strike lines 9 through 24 and insert the 
following:
          ``(B) such assistance may only be provided on behalf 
        of low- and moderate-income persons;
    Page 76, strike lines 7 through 16.
                              ----------                              

 8. An Amendment To Be Offered by Representative Shays of Connecticut, 
 or Representative Nadler of New York, or a Designee, Debatable for 20 
                                Minutes

    Page 78, line 18, strike ``$260,000,000'' and insert 
``$292,000,000''.
                              ----------                              

   9. An Amemdment To Be Offered by Representative Paul of Texas or 
Representative Kilpatrick of Michigan, or a Designee, Debatable for 10 
                                Minutes

  Page 78, after line 20, insert the following new section:

SEC. 408. PROHIBITION ON USE OF AMOUNTS TO ACQUIRE CHURCH PROPERTY.

  Section 105 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5305) is amended by adding at the end the 
following new subsection:
  ``(i) Prohibition on Use of Assistance to Acquire Church 
Property.--Notwithstanding any other provision of this section, 
no amount from a grant under section 106 may be used to carry 
out or assist any activity if such activity, or the project for 
which such activity is to be conducted, involves acquisition of 
real property owned by a church that is exempt from tax under 
section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 
501(a)), unless the governing body of the church has previously 
consented to such acquisition.''.
                              ----------                              

10. An Amendment To Be Offered by Representative Traficant of Ohio, or 
                  a Designee, Debatable for 10 Minutes

  At the end of title IV, add the following new section:

SEC. 408. CDBG SPECIAL PURPOSE GRANTS.

  Section 107(a)(1) of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5307(a)(1)) is amended--
          (1) in the matter preceding subparagraph (A)--
                  (A) by striking ``$60,000,000'' and inserting 
                ``$95,000,000''; and
                  (B) by striking ``subsection (b)'' and 
                inserting ``this section''; and
          (2) by striking subparagraph (G) and inserting the 
        following new subparagraph:
                  ``(G) $35,000,000 shall be available in 
                fiscal year 2001 for a grant to the City of 
                Youngstown, Ohio, for the site acquisition, 
                planning, architectural design, and 
                construction of a convocation and community 
                center in such city;''.
                              ----------                              

11. An Amendment To Be Offered by Representative Souder of Indiana, or 
                  a Designee, Debatable for 20 Minutes

  Page 121, after line 11, insert the following new section:

SEC. 609. GRANT ELIGIBILITY OF COMMUNITY ORGANIZATIONS.

  (a) Eligibility.--For any program administered by the 
Secretary of Housing and Urban Development under which 
financial assistance is provided by the Secretary to 
nongovernmental organizations or to a State or local government 
for provision to nongovernmental organizations, religious 
organizations shall be eligible, on the same basis as other 
nongovernmental organizations, to receive the financial 
assistance under the program from the Secretary or such State 
and local governments, as the case may be, as long as the 
program is implemented in a manner consistent with the 
Establishment Clause of the first amendment to the 
Constitution. Neither the Secretary nor a State or local 
government to which such financial assistance is provided shall 
discriminate against an organization that receives financial 
assistance, or applies to receive assistance, under a program 
administered by the Secretary, on the basis that the 
organization has a religious character.
  (b) Religious Character and Independence.--
          (1) In general.--A religious organization that 
        receives assistance under a program described in 
        subsection (a) shall retain its religious character and 
        control over the definition, development, practice, and 
        expression of its religious beliefs.
          (2) Additional safeguards.--Neither the Federal 
        Government nor a State or local government shall 
        require a religious organization--
                  (A) to alter its form of internal governance; 
                or
                  (B) to remove religious art, icons, 
                scripture, or other symbols;
        in order to be eligible to provide assistance under a 
        program described in subsection (a).
          (3) Employment practices.--A religious organization's 
        exemption provided under section 702 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-1) regarding 
        employment practices shall not be affected by its 
        participation in, or receipt of funds from, programs 
        described in subsection (a).
  (c) Limitations on Use of Funds for Certain Purposes.--No 
funds provided directly to a religious organization to provide 
assistance under any program described in subsection (a) shall 
be expended for sectarian worship, instruction, or 
proselytization.
  (d) Fiscal Accountability.--
          (1) In general.--Except as provided in paragraph (2), 
        any religious organization providing assistance under 
        any program described in subsection (a) shall be 
        subject to the same regulations as other 
        nongovernmental organizations to account in accord with 
        generally accepted accounting principles for the use of 
        such funds provided under such program.
          (2) Limited audit.--Such organization shall segregate 
        government funds provided under such program into a 
        separate account. Only the government funds shall be 
        subject to audit by the government.
  (e) Treatment of Eligible Entities and Other Intermediate 
Organizations.--If an eligible entity or other organization 
(referred to in this subsection as an ``intermediate 
organization''), acting under a contract, or grant or other 
agreement, with the Federal Government or a State or local 
government, is given the authority under the contract or 
agreement to select nongovernmental organizations to provide 
assistance under the programs described in subsection (a), the 
intermediate organization shall have the same duties under this 
section as the government.
  (f) Definitions.--For purposes of this section:
          (1) Financial assistance.--The term ``financial 
        assistance'' means any grant, loan, subsidy, guarantee, 
        or other financial assistance, except that such term 
        does not include any mortgage insurance provided under 
        a program administered by the Secretary.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Housing and Urban Development.
                              ----------                              

    12. An Amendment To Be Offered by Representative Gary Miller of 
          California, or a Designee, Debatable for 10 Minutes

  At the end of the bill add the following new title:

    TITLE XII--PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION PROGRAM

SEC. 1201. ELIGIBLE PUBLIC HOUSING AGENCIES.

  Section 5125 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 
11904) is amended--
          (1) in subsection (b)--
                  (A) in paragraph (2)(B), by inserting ``or 
                (4)'' before the period at the end;
                  (B) by redesignating paragraph (4) as 
                paragraph (5); and
                  (C) by inserting after paragraph (3) the 
                following new paragraph:
          ``(4) Effective pha's.--The class established under 
        this paragraph is the class of public housing agencies 
        that demonstrate, to the satisfaction of the Secretary, 
        that--
                  ``(A) the agency, in cooperation with local 
                law enforcement agencies, has largely 
                eliminated drug and crime problems in the 
                public housing project or projects for which 
                the assistance will be used;
                  ``(B) the agency needs assistance under this 
                chapter to sustain the low incidence of crime 
                and drug problems in and around such public 
                housing; and
                  ``(C) such assistance will be used to expand 
                police services in and around such public 
                housing.''; and
          (2) in subsection (c)(1), by inserting before the 
        semicolon the following: ``except that this paragraph 
        shall not apply in the case of agencies eligible for 
        assistance under this chapter pursuant to subsection 
        (b)(4)''.

                                  
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