I

105TH CONGRESS

2D SESSION S. 109

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 19, 1998

Referred to the Committee on Banking and Financial Services

AN ACT

To provide Federal housing assistance to Native Hawaiians.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Native American

5 Housing Assistance and Self-Determination Amendments

6 of 1998’’.
2

S 109 RFH

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the United States has undertaken a respon4 sibility to promote the general welfare of the United

5 States by—

6 (A) employing its resources to remedy the

7 unsafe and unsanitary housing conditions and

8 the acute shortage of decent, safe, and sanitary

9 dwellings for families of lower income; and

10 (B) developing effective partnerships with

11 governmental and private entities to accomplish

12 the objectives referred to in subparagraph (A);

13 (2) pursuant to the provisions of the Hawaiian

14 Homes Commission Act, 1920 (42 Stat. 108 et

15 seq.), the United States set aside 200,000 acres of

16 land in the Federal territory that later became the

17 State of Hawaii in order to establish a homeland for

18 the native people of Hawaii—Native Hawaiians;

19 (3) despite the intent of Congress in 1920 to

20 address the housing needs of Native Hawaiians

21 through the enactment of the Hawaiian Homes

22 Commission Act, 1920 (42 Stat. 108 et seq.), some

23 agencies of the Federal Government have taken the

24 legal position that subsequently enacted Federal

25 housing laws designed to address the housing needs

26 of all eligible families in the United States could not
3

S 109 RFH

1 be extended to address the needs for housing and in2 frastructure development on Hawaiian home lands

3 (as that term is defined in section 801 of the Native

4 American Housing Assistance and Self-Determina5 tion Act of 1996, as added by section 3 of this Act)

6 with the result that otherwise eligible Native Hawai7 ians residing on the Hawaiian home lands have been

8 foreclosed from participating in Federal housing as9 sistance programs available to all other eligible fami10 lies in the United States;

11 (4) although Federal housing assistance pro12 grams have been administered on a racially neutral

13 basis in the State of Hawaii, Native Hawaiians con14 tinue to have the greatest unmet need for housing

15 and the highest rates of overcrowding in the United

16 States;

17 (5) among the Native American population of

18 the United States, Native Hawaiians experience the

19 highest percentage of housing problems in the

20 United States, as the percentage—

21 (A) of housing problems in the Native Ha22 waiian population is 49 percent, as compared

23 to—
4

S 109 RFH

1 (i) 44 percent for American Indian

2 and Alaska Native households in Indian

3 country; and

4 (ii) 27 percent for all other house5 holds in the United States; and

6 (B) overcrowding in the Native Hawaiian

7 population is 36 percent as compared to 3 per8 cent for all other households in the United

9 States;

10 (6) among the Native Hawaiian population, the

11 needs of Native Hawaiians, as that term is defined

12 in section 801 of the Native American Housing As13 sistance and Self-Determination Act of 1996, as

14 added by section 3 of this Act, eligible to reside on

15 the Hawaiian Home Lands are the most severe,

16 as—

17 (A) the percentage of overcrowding in Na18 tive Hawaiian households on the Hawaiian

19 Home Lands is 36 percent; and

20 (B) approximately 13,000 Native Hawai21 ians, which constitute 95 percent of the Native

22 Hawaiians who are eligible to reside on the Ha23 waiian Home Lands, are in need of housing;

24 (7) applying the Department of Housing and

25 Urban Development guidelines—
5

S 109 RFH

1 (A) 70.8 percent of Native Hawaiians who

2 either reside or who are eligible to reside on the

3 Hawaiian Home Lands have incomes that fall

4 below the median family income; and

5 (B) 50 percent of Native Hawaiians who

6 either reside or who are eligible to reside on the

7 Hawaiian Home Lands have incomes below 30

8 percent of the median family income; and

(8) 1 9 ⁄3 of those Native Hawaiians who are eligi10 ble to reside on the Hawaiian Home Lands pay

11 more than 30 percent of their income for shelter,

and 1 12 ⁄2 of those Native Hawaiians face overcrowding;

13 (9) the extraordinarily severe housing needs of

14 Native Hawaiians demonstrate that Native Hawai15 ians who either reside on, or are eligible to reside on,

16 Hawaiian Home Lands have been denied equal ac17 cess to Federal low-income housing assistance pro18 grams available to other qualified residents of the

19 United States, and that a more effective means of

20 addressing their housing needs must be authorized;

21 (10) consistent with the recommendations of

22 the National Commission on American Indian, Alas23 ka Native, and Native Hawaiian Housing, and in

24 order to address the continuing prevalence of ex25 traordinarily severe housing needs among Native
6

S 109 RFH

1 Hawaiians who either reside or are eligible to reside

2 on the Hawaiian Home Lands, Congress finds it

3 necessary to extend the Federal low-income housing

4 assistance available to American Indians and Alaska

5 Natives under the Native American Housing Assist6 ance and Self-Determination Act of 1996 (25 U.S.C.

7 4101 et seq.) to those Native Hawaiians;

8 (11) under the treaty-making power of the

9 United States, Congress had the authority to con10 firm a treaty between the United States and the

11 government that represented the Hawaiian people,

12 and under clause 3 of section 8 of article I of the

13 Constitution, the authority of Congress to address

14 matters affecting the indigenous peoples of the

15 United States includes the authority to address mat16 ters affecting Native Hawaiians;

17 (12) through treaties, Federal statutes, and rul18 ings of the Federal courts, the United States has

19 recognized and reaffirmed that—

20 (A) the political status of Native Hawai21 ians is comparable to that of American Indians

22 and Alaska Natives; and

23 (B) the aboriginal, indigenous people of

24 the United States have—
7

S 109 RFH

1 (i) a continuing right to autonomy in

2 their internal affairs; and

3 (ii) an ongoing right of self-deter4 mination and self-governance that has

5 never been extinguished;

6 (13) the political relationship between the

7 United States and the Native Hawaiian people has

8 been recognized and reaffirmed by the United States

9 as evidenced by the inclusion of Native Hawaiians

10 in—

11 (A) the Native American Programs Act of

12 1974 (42 U.S.C. 2291 et seq.);

13 (B) the American Indian Religious Free14 dom Act (42 U.S.C. 1996 et seq.);

15 (C) the National Museum of the American

16 Indian Act (20 U.S.C. 80q et seq.);

17 (D) the Native American Graves Protec18 tion and Repatriation Act (25 U.S.C. 3001 et

19 seq.);

20 (E) the National Historic Preservation Act

21 (16 U.S.C. 470 et seq.);

22 (F) the Native American Languages Act of

23 1992 (106 Stat. 3434);
8

S 109 RFH

1 (G) the American Indian, Alaska Native

2 and Native Hawaiian Culture and Arts Devel3 opment Act (20 U.S.C. 4401 et seq.);

4 (H) the Job Training Partnership Act (29

5 U.S.C. 1501 et seq.); and

6 (I) the Older Americans Act of 1965 (42

7 U.S.C. 3001 et seq.); and

8 (14) in the area of housing, the United States

9 has recognized and reaffirmed the political relation10 ship with the Native Hawaiian people through—

11 (A) the enactment of the Hawaiian Homes

12 Commission Act, 1920 (42 Stat. 108 et seq.),

13 which set aside approximately 200,000 acres of

14 public lands that became known as Hawaiian

15 Home Lands in the Territory of Hawaii that

16 had been ceded to the United States for home17 steading by Native Hawaiians in order to reha18 bilitate a landless and dying people;

19 (B) the enactment of the Act entitled ‘‘An

20 Act to provide for the admission of the State of

21 Hawaii into the Union’’, approved March 18,

22 1959 (73 Stat. 4)—

23 (i) by ceding to the State of Hawaii

24 title to the public lands formerly held by

25 the United States, and mandating that
9

S 109 RFH

1 those lands be held in public trust, for the

2 betterment of the conditions of Native Ha3 waiians, as that term is defined in section

4 801(15) of the Native American Housing

5 Assistance and Self-Determination Act of

6 1996, as added by section 3 of this Act;

7 and

8 (ii) by transferring what the United

9 States considered to be a trust responsibil10 ity for the administration of Hawaiian

11 Home Lands to the State of Hawaii, but

12 retaining the authority to enforce the

13 trust, including the exclusive right of the

14 United States to consent to any actions af15 fecting the lands which comprise the cor16 pus of the trust and any amendments to

17 the Hawaiian Homes Commission Act,

18 1920 (42 Stat. 108 et seq.), enacted by the

19 legislature of the State of Hawaii affecting

20 the rights of beneficiaries under the Act;

21 (C) the authorization of mortgage loans in22 sured by the Federal Housing Administration

23 for the purchase, construction, or refinancing of

24 homes on Hawaiian Home Lands under the Act

25 of June 27, 1934 (commonly referred to as the
10

S 109 RFH

1 ‘‘National Housing Act’’ (42 Stat. 1246 et seq.,

2 chapter 847; 12 U.S.C. 1701 et seq.));

3 (D) authorizing Native Hawaiian represen4 tation on the National Commission on Amer5 ican Indian, Alaska Native, and Native Hawai6 ian Housing under Public Law 101–235;

7 (E) the inclusion of Native Hawaiians in

8 the definition under section 3764 of title 38,

9 United States Code, applicable to subchapter V

10 of chapter 37 of title 38, United States Code

11 (relating to a housing loan program for Native

12 American veterans); and

13 (F) the enactment of the Hawaiian Home

14 Lands Recovery Act (109 Stat. 357; 48 U.S.C.

15 491, note prec.) which establishes a process for

16 the conveyance of Federal lands to the Depart17 ment of Hawaiian Homes Lands that are equiv18 alent in value to lands acquired by the United

19 States from the Hawaiian Home Lands inven20 tory.

21 SEC. 3. HOUSING ASSISTANCE.

22 The Native American Housing Assistance and Self23 Determination Act of 1996 (25 U.S.C. 4101 et seq.) is

24 amended by adding at the end the following:
11

S 109 RFH

1 ‘‘TITLE VIII—HOUSING ASSIST2 ANCE FOR NATIVE HAWAI3 IANS

4 ‘‘SEC. 801. DEFINITIONS.

5 ‘‘In this title:

6 ‘‘(1) DEPARTMENT OF HAWAIIAN HOME LANDS;

7 DEPARTMENT.—The term ‘Department of Hawaiian

8 Home Lands’ or ‘Department’ means the agency or

9 department of the government of the State of Ha10 waii that is responsible for the administration of the

11 Hawaiian Homes Commission Act, 1920 (42 Stat.

12 108 et seq.).

13 ‘‘(2) DIRECTOR.—The term ‘Director’ means

14 the Director of the Department of Hawaiian Home

15 Lands.

16 ‘‘(3) ELDERLY FAMILIES; NEAR-ELDERLY FAMI17 LIES.—

18 ‘‘(A) IN GENERAL.—The term ‘elderly

19 family’ or ‘near-elderly family’ means a family

20 whose head (or his or her spouse), or whose sole

21 member, is—

22 ‘‘(i) for an elderly family, an elderly

23 person; or

24 ‘‘(ii) for a near-elderly family, a near25 elderly person.
12

S 109 RFH

1 ‘‘(B) CERTAIN FAMILIES INCLUDED.—The

2 term ‘elderly family’ or ‘near-elderly family’ in3 cludes—

4 ‘‘(i) 2 or more elderly persons or near5 elderly persons, as the case may be, living

6 together; and

7 ‘‘(ii) 1 or more persons described in

8 clause (i) living with 1 or more persons de9 termined under the housing plan to be es10 sential to their care or well-being.

11 ‘‘(4) HAWAIIAN HOME LANDS.—The term ‘Ha12 waiian Home Lands’ means lands that—

13 ‘‘(A) have the status as Hawaiian home

14 lands under section 204 of the Hawaiian

15 Homes Commission Act (42 Stat. 110); or

16 ‘‘(B) are acquired pursuant to that Act.

17 ‘‘(5) HOUSING AREA.—The term ‘housing area’

18 means an area of Hawaiian Home Lands with re19 spect to which the Department of Hawaiian Home

20 Lands is authorized to provide assistance for afford21 able housing under this Act.

22 ‘‘(6) HOUSING ENTITY.—The term ‘housing en23 tity’ means the Department of Hawaiian Home

24 Lands.
13

S 109 RFH

1 ‘‘(7) HOUSING PLAN.—The term ‘housing plan’

2 means a plan developed by the Department of Ha3 waiian Home Lands.

4 ‘‘(8) MEDIAN INCOME.—The term ‘median in5 come’ means, with respect to an area that is a Ha6 waiian housing area, the greater of—

7 ‘‘(A) the median income for the Hawaiian

8 housing area, which shall be determined by the

9 Secretary; or

10 ‘‘(B) the median income for the State of

11 Hawaii.

12 ‘‘(9) NATIVE HAWAIIAN.—The term ‘Native

13 Hawaiian’ has the meaning given the term ‘Native

14 Hawaiian’ in section 201 of the Hawaiian Homes

15 Commission Act, 1920 (42 Stat. 108 et seq.).

16 ‘‘SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING AC17 TIVITIES.

18 ‘‘(a) GRANT AUTHORITY.—For each fiscal year, the

19 Secretary shall (to the extent amounts are made available

20 to carry out this title) make a grant under this title to

21 the Department of Hawaiian Home Lands to carry out

22 affordable housing activities for Native Hawaiian families

23 on or near Hawaiian Home Lands.

24 ‘‘(b) PLAN REQUIREMENT.—
14

S 109 RFH

1 ‘‘(1) IN GENERAL.—The Secretary may make a

2 grant under this title to the Department of Hawai3 ian Home Lands for a fiscal year only if—

4 ‘‘(A) the Director has submitted to the

5 Secretary a housing plan for that fiscal year;

6 and

7 ‘‘(B) the Secretary has determined under

8 section 804 that the housing plan complies with

9 the requirements of section 803.

10 ‘‘(2) WAIVER.—The Secretary may waive the

11 applicability of the requirements under paragraph

12 (1), in part, if the Secretary finds that the Depart13 ment of Hawaiian Home Lands has not complied or

14 cannot comply with those requirements due to cir15 cumstances beyond the control of the Department of

16 Hawaiian Home Lands.

17 ‘‘(c) USE OF AFFORDABLE HOUSING ACTIVITIES

18 UNDER PLAN.—Except as provided in subsection (e),

19 amounts provided under a grant under this section may

20 be used only for affordable housing activities under this

21 title that are consistent with a housing plan approved

22 under section 804.

23 ‘‘(d) ADMINISTRATIVE EXPENSES.—

24 ‘‘(1) IN GENERAL.—The Secretary shall, by

25 regulation, authorize the Department of Hawaiian
15

S 109 RFH

1 Home Lands to use a percentage of any grant

2 amounts received under this title for any reasonable

3 administrative and planning expenses of the Depart4 ment relating to carrying out this title and activities

5 assisted with those amounts.

6 ‘‘(2) ADMINISTRATIVE AND PLANNING EX7 PENSES.—The administrative and planning expenses

8 referred to in paragraph (1) include—

9 ‘‘(A) costs for salaries of individuals en10 gaged in administering and managing afford11 able housing activities assisted with grant

12 amounts provided under this title; and

13 ‘‘(B) expenses incurred in preparing a

14 housing plan under section 803.

15 ‘‘(e) PUBLIC-PRIVATE PARTNERSHIPS.—The Direc16 tor shall make all reasonable efforts, consistent with the

17 purposes of this title, to maximize participation by the pri18 vate sector, including nonprofit organizations and for19 profit entities, in implementing a housing plan that has

20 been approved by the Secretary under section 803.

21 ‘‘(f) APPLICABILITY OF OTHER PROVISIONS.—

22 ‘‘(1) IN GENERAL.—The Secretary shall be

23 guided by the relevant program requirements of ti24 tles I, II, and IV in the implementation of housing
16

S 109 RFH

1 assistance programs for Native Hawaiians under

2 this title.

3 ‘‘(2) EXCEPTION.—The Secretary may make

4 exceptions to, or modifications of, program require5 ments for Native American housing assistance set

6 forth in titles I, II, and IV as necessary and appro7 priate to meet the unique situation and housing

8 needs of Native Hawaiians.

9 ‘‘SEC. 803. HOUSING PLAN.

10 ‘‘(a) PLAN SUBMISSION.—The Secretary shall—

11 ‘‘(1) require the Director to submit a housing

12 plan under this section for each fiscal year; and

13 ‘‘(2) provide for the review of each plan submit14 ted under paragraph (1).

15 ‘‘(b) 5-YEAR PLAN.—Each housing plan under this

16 section shall—

17 ‘‘(1) be in a form prescribed by the Secretary;

18 and

19 ‘‘(2) contain, with respect to the 5-year period

20 beginning with the fiscal year for which the plan is

21 submitted, the following information:

22 ‘‘(A) MISSION STATEMENT.—A general

23 statement of the mission of the Department of

24 Hawaiian Home Lands to serve the needs of
17

S 109 RFH

1 the low-income families to be served by the De2 partment.

3 ‘‘(B) GOAL AND OBJECTIVES.—A state4 ment of the goals and objectives of the Depart5 ment of Hawaiian Home Lands to enable the

6 Department to serve the needs identified in

7 subparagraph (A) during the period.

8 ‘‘(C) ACTIVITIES PLANS.—An overview of

9 the activities planned during the period includ10 ing an analysis of the manner in which the ac11 tivities will enable the Department to meet its

12 mission, goals, and objectives.

13 ‘‘(c) 1-YEAR PLAN.—A housing plan under this sec14 tion shall—

15 ‘‘(1) be in a form prescribed by the Secretary;

16 and

17 ‘‘(2) contain the following information relating

18 to the fiscal year for which the assistance under this

19 title is to be made available:

20 ‘‘(A) GOALS AND OBJECTIVES.—A state21 ment of the goals and objectives to be accom22 plished during the period covered by the plan.

23 ‘‘(B) STATEMENT OF NEEDS.—A state24 ment of the housing needs of the low-income

25 families served by the Department and the
18

S 109 RFH

1 means by which those needs will be addressed

2 during the period covered by the plan, includ3 ing—

4 ‘‘(i) a description of the estimated

5 housing needs and the need for assistance

6 for the low-income families to be served by

7 the Department, including a description of

8 the manner in which the geographical dis9 tribution of assistance is consistent with—

10 ‘‘(I) the geographical needs of

11 those families; and

12 ‘‘(II) needs for various categories

13 of housing assistance; and

14 ‘‘(ii) a description of the estimated

15 housing needs for all families to be served

16 by the Department.

17 ‘‘(C) FINANCIAL RESOURCES.—An operat18 ing budget for the Department of Hawaiian

19 Home Lands, in a form prescribed by the Sec20 retary, that includes—

21 ‘‘(i) an identification and a descrip22 tion of the financial resources reasonably

23 available to the Department to carry out

24 the purposes of this title, including an ex25 planation of the manner in which amounts
19

S 109 RFH

1 made available will be used to leverage ad2 ditional resources; and

3 ‘‘(ii) the uses to which the resources

4 described in clause (i) will be committed,

5 including—

6 ‘‘(I) eligible and required afford7 able housing activities; and

8 ‘‘(II) administrative expenses.

9 ‘‘(D) AFFORDABLE HOUSING RE10 SOURCES.—A statement of the affordable hous11 ing resources currently available at the time of

12 the submittal of the plan and to be made avail13 able during the period covered by the plan, in14 cluding—

15 ‘‘(i) a description of the significant

16 characteristics of the housing market in

17 the State of Hawaii, including the avail18 ability of housing from other public

19 sources, private market housing; and

20 ‘‘(ii) the manner in which the charac21 teristics referred to in clause (i) influence

22 the decision of the Department of Hawai23 ian Home Lands to use grant amounts to

24 be provided under this title for—

25 ‘‘(I) rental assistance;
20

S 109 RFH

1 ‘‘(II) the production of new units;

2 ‘‘(III) the acquisition of existing

3 units; or

4 ‘‘(IV) the rehabilitation of units;

5 ‘‘(iii) a description of the structure,

6 coordination, and means of cooperation be7 tween the Department of Hawaiian Home

8 Lands and any other governmental entities

9 in the development, submission, or imple10 mentation of housing plans, including a de11 scription of—

12 ‘‘(I) the involvement of private,

13 public, and nonprofit organizations

14 and institutions;

15 ‘‘(II) the use of loan guarantees

16 under section 184A of the Housing

17 and Community Development Act of

18 1992; and

19 ‘‘(III) other housing assistance

20 provided by the United States, includ21 ing loans, grants, and mortgage insur22 ance;

23 ‘‘(iv) a description of the manner in

24 which the plan will address the needs iden25 tified pursuant to subparagraph (C);
21

S 109 RFH

1 ‘‘(v) a description of—

2 ‘‘(I) any existing or anticipated

3 homeownership programs and rental

4 programs to be carried out during the

5 period covered by the plan; and

6 ‘‘(II) the requirements and as7 sistance available under the programs

8 referred to in subclause (I);

9 ‘‘(vi) a description of—

10 ‘‘(I) any existing or anticipated

11 housing rehabilitation programs nec12 essary to ensure the long-term viabil13 ity of the housing to be carried out

14 during the period covered by the plan;

15 and

16 ‘‘(II) the requirements and as17 sistance available under the programs

18 referred to in subclause (I);

19 ‘‘(vii) a description of—

20 ‘‘(I) all other existing or antici21 pated housing assistance provided by

22 the Department of Hawaiian Home

23 Lands during the period covered by

24 the plan, including—

25 ‘‘(aa) transitional housing;
22

S 109 RFH

1 ‘‘(bb) homeless housing;

2 ‘‘(cc) college housing; and

3 ‘‘(dd) supportive services

4 housing; and

5 ‘‘(II) the requirements and as6 sistance available under such pro7 grams;

8 ‘‘(viii)(I) a description of any housing

9 to be demolished or disposed of;

10 ‘‘(II) a timetable for that demolition

11 or disposition; and

12 ‘‘(III) any other information required

13 by the Secretary with respect to that dem14 olition or disposition;

15 ‘‘(ix) a description of the manner in

16 which the Department of Hawaiian Home

17 Lands will coordinate with welfare agencies

18 in the State of Hawaii to ensure that resi19 dents of the affordable housing will be pro20 vided with access to resources to assist in

21 obtaining employment and achieving self22 sufficiency;

23 ‘‘(x) a description of the requirements

24 established by the Department of Hawai25 ian Home Lands to—
23

S 109 RFH

1 ‘‘(I) promote the safety of resi2 dents of the affordable housing;

3 ‘‘(II) facilitate the undertaking of

4 crime prevention measures;

5 ‘‘(III) allow resident input and

6 involvement, including the establish7 ment of resident organizations; and

8 ‘‘(IV) allow for the coordination

9 of crime prevention activities between

10 the Department and local law enforce11 ment officials; and

12 ‘‘(xi) a description of the entities that

13 will carry out the activities under the plan,

14 including the organizational capacity and

15 key personnel of the entities.

16 ‘‘(E) CERTIFICATION OF COMPLIANCE.—

17 Evidence of compliance that shall include, as

18 appropriate—

19 ‘‘(i) a certification that the Depart20 ment of Hawaiian Home Lands will com21 ply with—

22 ‘‘(I) title VI of the Civil Rights

23 Act of 1964 (42 U.S.C. 2000d et seq.)

24 or with title VIII of the Civil Rights

25 Act of 1968 (42 U.S.C. 3601 et seq.)
24

S 109 RFH

1 in carrying out this title, to the extent

2 that such title is applicable; and

3 ‘‘(II) other applicable Federal

4 statutes;

5 ‘‘(ii) a certification that the Depart6 ment will require adequate insurance cov7 erage for housing units that are owned and

8 operated or assisted with grant amounts

9 provided under this title, in compliance

10 with such requirements as may be estab11 lished by the Secretary;

12 ‘‘(iii) a certification that policies are

13 in effect and are available for review by the

14 Secretary and the public governing the eli15 gibility, admission, and occupancy of fami16 lies for housing assisted with grant

17 amounts provided under this title;

18 ‘‘(iv) a certification that policies are

19 in effect and are available for review by the

20 Secretary and the public governing rents

21 charged, including the methods by which

22 such rents or homebuyer payments are de23 termined, for housing assisted with grant

24 amounts provided under this title; and
25

S 109 RFH

1 ‘‘(v) a certification that policies are in

2 effect and are available for review by the

3 Secretary and the public governing the

4 management and maintenance of housing

5 assisted with grant amounts provided

6 under this title.

7 ‘‘(d) APPLICABILITY OF CIVIL RIGHTS STATUTES.—

8 ‘‘(1) IN GENERAL.—To the extent that the re9 quirements of title VI of the Civil Rights Act of

10 1964 (42 U.S.C. 2000d et seq.) or of title VIII of

11 the Civil Rights Act of 1968 (42 U.S.C. 3601 et

12 seq.) apply to assistance provided under this title,

13 nothing in the requirements concerning discrimina14 tion on the basis of race shall be construed to pre15 vent the provision of assistance under this title—

16 ‘‘(A) to the Department of Hawaiian

17 Home Lands on the basis that the Department

18 served Native Hawaiians; or

19 ‘‘(B) to an eligible family on the basis that

20 the family is a Native Hawaiian family.

21 ‘‘(2) CIVIL RIGHTS.—Program eligibility under

22 this title may be restricted to Native Hawaiians.

23 Subject to the preceding sentence, no person may be

24 discriminated against on the basis of race, color, na-
26

S 109 RFH

1 tional origin, religion, sex, familial status, or disabil2 ity.

3 ‘‘(e) USE OF NONPROFIT ORGANIZATIONS.—As a

4 condition of receiving grant amounts under this title, the

5 Department of Hawaiian Home Lands shall, to the extent

6 practicable, provide for private nonprofit organizations ex7 perienced in the planning and development of affordable

8 housing for Native Hawaiians to carry out affordable

9 housing activities with those grant amounts.

10 ‘‘SEC. 804. REVIEW OF PLANS.

11 ‘‘(a) REVIEW AND NOTICE.—

12 ‘‘(1) REVIEW.—

13 ‘‘(A) IN GENERAL.—The Secretary shall

14 conduct a review of a housing plan submitted to

15 the Secretary under section 803 to ensure that

16 the plan complies with the requirements of that

17 section.

18 ‘‘(B) LIMITATION.—The Secretary shall

19 have the discretion to review a plan referred to

20 in subparagraph (A) only to the extent that the

21 Secretary considers that the review is necessary.

22 ‘‘(2) NOTICE.—

23 ‘‘(A) IN GENERAL.—Not later than 60

24 days after receiving a plan under section 803,

25 the Secretary shall notify the Director of the
27

S 109 RFH

1 Department of Hawaiian Home Lands whether

2 the plan complies with the requirements under

3 that section.

4 ‘‘(B) EFFECT OF FAILURE OF SECRETARY

5 TO TAKE ACTION.—For purposes of this title, if

6 the Secretary does not notify the Director, as

7 required under this subsection and subsection

8 (b), upon the expiration of the 60-day period

9 described in subparagraph (A)—

10 ‘‘(i) the plan shall be considered to

11 have been determined to comply with the

12 requirements under section 803; and

13 ‘‘(ii) the Director shall be considered

14 to have been notified of compliance.

15 ‘‘(b) NOTICE OF REASONS FOR DETERMINATION OF

16 NONCOMPLIANCE.—If the Secretary determines that a

17 plan submitted under section 803 does not comply with

18 the requirements of that section, the Secretary shall speci19 fy in the notice under subsection (a)—

20 ‘‘(1) the reasons for noncompliance; and

21 ‘‘(2) any modifications necessary for the plan to

22 meet the requirements of section 803.

23 ‘‘(c) REVIEW.—

24 ‘‘(1) IN GENERAL.—After the Director of the

25 Department of Hawaiian Home Lands submits a
28

S 109 RFH

1 housing plan under section 803, or any amendment

2 or modification to the plan to the Secretary, to the

3 extent that the Secretary considers such action to be

4 necessary to make a determination under this sub5 section, the Secretary shall review the plan (includ6 ing any amendments or modifications thereto) to de7 termine whether the contents of the plan—

8 ‘‘(A) set forth the information required by

9 section 803 to be contained in the housing plan;

10 ‘‘(B) are consistent with information and

11 data available to the Secretary; and

12 ‘‘(C) are not prohibited by or inconsistent

13 with any provision of this Act or any other ap14 plicable law.

15 ‘‘(2) INCOMPLETE PLANS.—If the Secretary de16 termines under this subsection that any of the ap17 propriate certifications required under section

18 803(c)(2)(E) are not included in a plan, the plan

19 shall be considered to be incomplete.

20 ‘‘(d) UPDATES TO PLAN.—

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

22 after a plan under section 803 has been submitted

23 for a fiscal year, the Director of the Department of

24 Hawaiian Home Lands may comply with the provi25 sions of that section for any succeeding fiscal year
29

S 109 RFH

1 (with respect to information included for the 5-year

2 period under section 803(b) or for the 1-year period

3 under section 803(c)) by submitting only such infor4 mation regarding such changes as may be necessary

5 to update the plan previously submitted.

6 ‘‘(2) COMPLETE PLANS.—The Director shall

7 submit a complete plan under section 803 not later

8 than 4 years after submitting an initial plan under

9 that section, and not less frequently than every 4

10 years thereafter.

11 ‘‘(e) EFFECTIVE DATE.—This section and section

12 803 shall take effect on the date provided by the Secretary

13 pursuant to section 807(a) to provide for timely submis14 sion and review of the housing plan as necessary for the

15 provision of assistance under this title for fiscal year 2000.

16 ‘‘SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR

17 STANDARDS.

18 ‘‘(a) PROGRAM INCOME.—

19 ‘‘(1) AUTHORITY TO RETAIN.—The Department

20 of Hawaiian Home Lands may retain any program

21 income that is realized from any grant amounts re22 ceived by the Department under this title if—

23 ‘‘(A) that income was realized after the ini24 tial disbursement of the grant amounts received

25 by the Department; and
30

S 109 RFH

1 ‘‘(B) the Director agrees to use the pro2 gram income for affordable housing activities in

3 accordance with the provisions of this title.

4 ‘‘(2) PROHIBITION OF REDUCTION OF GRANT.—

5 The Secretary may not reduce the grant amount for

6 the Department of Hawaiian Home Lands based

7 solely on—

8 ‘‘(A) whether the Department retains pro9 gram income under paragraph (1); or

10 ‘‘(B) the amount of any such program in11 come retained.

12 ‘‘(3) EXCLUSION OF AMOUNTS.—The Secretary

13 may, by regulation, exclude from consideration as

14 program income any amounts determined to be so

15 small that compliance with the requirements of this

16 subsection would create an unreasonable administra17 tive burden on the Department.

18 ‘‘(b) LABOR STANDARDS.—

19 ‘‘(1) IN GENERAL.—Any contract or agreement

20 for assistance, sale, or lease pursuant to this title

21 shall contain—

22 ‘‘(A) a provision requiring that an amount

23 not less than the wages prevailing in the local24 ity, as determined or adopted (subsequent to a

25 determination under applicable State or local
31

S 109 RFH

1 law) by the Secretary, shall be paid to all archi2 tects, technical engineers, draftsmen, techni3 cians employed in the development and all

4 maintenance, and laborers and mechanics em5 ployed in the operation, of the affordable hous6 ing project involved; and

7 ‘‘(B) a provision that an amount not less

8 than the wages prevailing in the locality, as pre9 determined by the Secretary of Labor pursuant

10 to the Act commonly known as the ‘Davis11 Bacon Act’ (46 Stat. 1494, chapter 411; 40

12 U.S.C. 276a et seq.) shall be paid to all labor13 ers and mechanics employed in the development

14 of the affordable housing involved.

15 ‘‘(2) EXCEPTIONS.—Paragraph (1) and provi16 sions relating to wages required under paragraph (1)

17 in any contract or agreement for assistance, sale, or

18 lease under this title, shall not apply to any individ19 ual who performs the services for which the individ20 ual volunteered and who is not otherwise employed

21 at any time in the construction work and received no

22 compensation or is paid expenses, reasonable bene23 fits, or a nominal fee for those services.

24 ‘‘SEC. 806. ENVIRONMENTAL REVIEW.

25 ‘‘(a) IN GENERAL.—
32

S 109 RFH

1 ‘‘(1) RELEASE OF FUNDS.—

2 ‘‘(A) IN GENERAL.—The Secretary may

3 carry out the alternative environmental protec4 tion procedures described in subparagraph (B)

5 in order to ensure—

6 ‘‘(i) that the policies of the National

7 Environmental Policy Act of 1969 (42

8 U.S.C. 4321 et seq.) and other provisions

9 of law that further the purposes of such

10 Act (as specified in regulations issued by

11 the Secretary) are most effectively imple12 mented in connection with the expenditure

13 of grant amounts provided under this title;

14 and

15 ‘‘(ii) to the public undiminished pro16 tection of the environment.

17 ‘‘(B) ALTERNATIVE ENVIRONMENTAL PRO18 TECTION PROCEDURE.—In lieu of applying en19 vironmental protection procedures otherwise ap20 plicable, the Secretary may by regulation pro21 vide for the release of funds for specific projects

22 to the Department of Hawaiian Home Lands if

23 the Director of the Department assumes all of

24 the responsibilities for environmental review,

25 decisionmaking, and action under the National
33

S 109 RFH

1 Environmental Policy Act of 1969 (42 U.S.C.

2 4321 et seq.), and such other provisions of law

3 as the regulations of the Secretary specify, that

4 would apply to the Secretary were the Secretary

5 to undertake those projects as Federal projects.

6 ‘‘(2) REGULATIONS.—

7 ‘‘(A) IN GENERAL.—The Secretary shall

8 issue regulations to carry out this section only

9 after consultation with the Council on Environ10 mental Quality.

11 ‘‘(B) CONTENTS.—The regulations issued

12 under this paragraph shall—

13 ‘‘(i) provide for the monitoring of the

14 environmental reviews performed under

15 this section;

16 ‘‘(ii) in the discretion of the Secretary,

17 facilitate training for the performance of

18 such reviews; and

19 ‘‘(iii) provide for the suspension or

20 termination of the assumption of respon21 sibilities under this section.

22 ‘‘(3) EFFECT ON ASSUMED RESPONSIBILITY.—

23 The duty of the Secretary under paragraph (2)(B)

24 shall not be construed to limit or reduce any respon25 sibility assumed by the Department of Hawaiian
34

S 109 RFH

1 Home Lands for grant amounts with respect to any

2 specific release of funds.

3 ‘‘(b) PROCEDURE.—

4 ‘‘(1) IN GENERAL.—The Secretary shall author5 ize the release of funds subject to the procedures

6 under this section only if, not less than 15 days be7 fore that approval and before any commitment of

8 funds to such projects, the Director of the Depart9 ment of Hawaiian Home Lands submits to the Sec10 retary a request for such release accompanied by a

11 certification that meets the requirements of sub12 section (c).

13 ‘‘(2) EFFECT OF APPROVAL.—The approval of

14 the Secretary of a certification described in para15 graph (1) shall be deemed to satisfy the responsibil16 ities of the Secretary under the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

18 and such other provisions of law as the regulations

19 of the Secretary specify to the extent that those re20 sponsibilities relate to the release of funds for

21 projects that are covered by that certification.

22 ‘‘(c) CERTIFICATION.—A certification under the pro23 cedures under this section shall—

24 ‘‘(1) be in a form acceptable to the Secretary;
35

S 109 RFH

1 ‘‘(2) be executed by the Director of the Depart2 ment of Hawaiian Home Lands;

3 ‘‘(3) specify that the Department of Hawaiian

4 Home Lands has fully carried out its responsibilities

5 as described under subsection (a); and

6 ‘‘(4) specify that the Director—

7 ‘‘(A) consents to assume the status of a re8 sponsible Federal official under the National

9 Environmental Policy Act of 1969 (42 U.S.C.

10 4321 et seq.) and each provision of law speci11 fied in regulations issued by the Secretary to

12 the extent that those laws apply by reason of

13 subsection (a); and

14 ‘‘(B) is authorized and consents on behalf

15 of the Department of Hawaiian Home Lands

16 and the Director accepts the jurisdiction of the

17 Federal courts for the purpose of enforcement

18 of the responsibilities of the Director of the De19 partment of Hawaiian Home Lands as such an

20 official.

21 ‘‘SEC. 807. REGULATIONS.

22 ‘‘The Secretary shall issue final regulations necessary

23 to carry out this title not later than June 1, 1999.
36

S 109 RFH

1 ‘‘SEC. 808. EFFECTIVE DATE.

2 ‘‘Except as otherwise expressly provided in this title,

3 this title shall take effect on June 1, 1999.

4 ‘‘SEC. 809. AFFORDABLE HOUSING ACTIVITIES.

5 ‘‘(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMI6 LIES.—

7 ‘‘(1) PRIMARY OBJECTIVE.—The national objec8 tives of this title are—

9 ‘‘(A) to assist and promote affordable

10 housing activities to develop, maintain, and op11 erate affordable housing in safe and healthy en12 vironments for occupancy by low-income Native

13 Hawaiian families;

14 ‘‘(B) to ensure better access to private

15 mortgage markets and to promote self-suffi16 ciency of low-income Native Hawaiian families;

17 ‘‘(C) to coordinate activities to provide

18 housing for low-income Native Hawaiian fami19 lies with Federal, State and local activities to

20 further economic and community development;

21 ‘‘(D) to plan for and integrate infrastruc22 ture resources on the Hawaiian Home Lands

23 with housing development; and

24 ‘‘(E) to—

25 ‘‘(i) promote the development of pri26 vate capital markets; and
37

S 109 RFH

1 ‘‘(ii) allow the markets referred to in

2 clause (i) to operate and grow, thereby

3 benefiting Native Hawaiian communities.

4 ‘‘(2) ELIGIBLE FAMILIES.—

5 ‘‘(A) IN GENERAL.—Except as provided

6 under subparagraph (B), assistance for eligible

7 housing activities under this title shall be lim8 ited to low-income Native Hawaiian families.

9 ‘‘(B) EXCEPTION TO LOW-INCOME RE10 QUIREMENT.—

11 ‘‘(i) IN GENERAL.—The Director may

12 provide assistance for homeownership ac13 tivities under—

14 ‘‘(I) section 810(b);

15 ‘‘(II) model activities under sec16 tion 810(f); or

17 ‘‘(III) loan guarantee activities

18 under section 184A of the Housing

19 and Community Development Act of

20 1992 to Native Hawaiian families who

21 are not low-income families, to the ex22 tent that the Secretary approves the

23 activities under that section to ad24 dress a need for housing for those
38

S 109 RFH

1 families that cannot be reasonably

2 met without that assistance.

3 ‘‘(ii) LIMITATIONS.—The Secretary

4 shall establish limitations on the amount of

5 assistance that may be provided under this

6 title for activities for families that are not

7 low-income families.

8 ‘‘(C) OTHER FAMILIES.—Notwithstanding

9 paragraph (1), the Director may provide hous10 ing or housing assistance provided through af11 fordable housing activities assisted with grant

12 amounts under this title to a family that is not

13 composed of Native Hawaiians if—

14 ‘‘(i) the Department determines that

15 the presence of the family in the housing

16 involved is essential to the well-being of

17 Native Hawaiian families; and

18 ‘‘(ii) the need for housing for the fam19 ily cannot be reasonably met without the

20 assistance.

21 ‘‘(D) PREFERENCE.—

22 ‘‘(i) IN GENERAL.—A housing plan

23 submitted under section 803 may authorize

24 a preference, for housing or housing assist25 ance provided through affordable housing
39

S 109 RFH

1 activities assisted with grant amounts pro2 vided under this title to be provided, to the

3 extent practicable, to families that are eli4 gible to reside on the Hawaiian Home

5 Lands.

6 ‘‘(ii) APPLICATION.—In any case in

7 which a housing plan provides for pref8 erence described in clause (i), the Director

9 shall ensure that housing activities that are

10 assisted with grant amounts under this

11 title are subject to that preference.

12 ‘‘(E) USE OF NONPROFIT ORGANIZA13 TIONS.—As a condition of receiving grant

14 amounts under this title, the Department of

15 Hawaiian Home Lands, shall to the extent

16 practicable, provide for private nonprofit orga17 nizations experienced in the planning and devel18 opment of affordable housing for Native Hawai19 ians to carry out affordable housing activities

20 with those grant amounts.

21 ‘‘SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

22 ‘‘(a) IN GENERAL.—Affordable housing activities

23 under this section are activities conducted in accordance

24 with the requirements of section 811 to—
40

S 109 RFH

1 ‘‘(1) develop or to support affordable housing

2 for rental or homeownership; or

3 ‘‘(2) provide housing services with respect to af4 fordable housing, through the activities described in

5 subsection (b).

6 ‘‘(b) ACTIVITIES.—The activities described in this

7 subsection are the following:

8 ‘‘(1) DEVELOPMENT.—The acquisition, new

9 construction, reconstruction, or moderate or sub10 stantial rehabilitation of affordable housing, which

11 may include—

12 ‘‘(A) real property acquisition;

13 ‘‘(B) site improvement;

14 ‘‘(C) the development of utilities and util15 ity services;

16 ‘‘(D) conversion;

17 ‘‘(E) demolition;

18 ‘‘(F) financing;

19 ‘‘(G) administration and planning; and

20 ‘‘(H) other related activities.

21 ‘‘(2) HOUSING SERVICES.—The provision of

22 housing-related services for affordable housing, in23 cluding—

24 ‘‘(A) housing counseling in connection with

25 rental or homeownership assistance;
41

S 109 RFH

1 ‘‘(B) the establishment and support of

2 resident organizations and resident manage3 ment corporations;

4 ‘‘(C) energy auditing;

5 ‘‘(D) activities related to the provision of

6 self-sufficiency and other services; and

7 ‘‘(E) other services related to assisting

8 owners, tenants, contractors, and other entities

9 participating or seeking to participate in other

10 housing activities assisted pursuant to this sec11 tion.

12 ‘‘(3) HOUSING MANAGEMENT SERVICES.—The

13 provision of management services for affordable

14 housing, including—

15 ‘‘(A) the preparation of work specifica16 tions;

17 ‘‘(B) loan processing;

18 ‘‘(C) inspections;

19 ‘‘(D) tenant selection;

20 ‘‘(E) management of tenant-based rental

21 assistance; and

22 ‘‘(F) management of affordable housing

23 projects.

24 ‘‘(4) CRIME PREVENTION AND SAFETY ACTIVI25 TIES.—The provision of safety, security, and law en-
42

S 109 RFH

1 forcement measures and activities appropriate to

2 protect residents of affordable housing from crime.

3 ‘‘(5) MODEL ACTIVITIES.—Housing activities

4 under model programs that are—

5 ‘‘(A) designed to carry out the purposes of

6 this title; and

7 ‘‘(B) specifically approved by the Secretary

8 as appropriate for the purpose referred to in

9 subparagraph (A).

10 ‘‘SEC. 811. PROGRAM REQUIREMENTS.

11 ‘‘(a) RENTS.—

12 ‘‘(1) ESTABLISHMENT.—Subject to paragraph

13 (2), as a condition to receiving grant amounts under

14 this title, the Director shall develop written policies

15 governing rents and homebuyer payments charged

16 for dwelling units assisted under this title, including

17 methods by which such rents and homebuyer pay18 ments are determined.

19 ‘‘(2) MAXIMUM RENT.—In the case of any low20 income family residing in a dwelling unit assisted

21 with grant amounts under this title, the monthly

22 rent or homebuyer payment (as applicable) for that

23 dwelling unit may not exceed 30 percent of the

24 monthly adjusted income of that family.

25 ‘‘(b) MAINTENANCE AND EFFICIENT OPERATION.—
43

S 109 RFH

1 ‘‘(1) IN GENERAL.—The Director shall, using

2 amounts of any grants received under this title, re3 serve and use for operating under section 810 such

4 amounts as may be necessary to provide for the con5 tinued maintenance and efficient operation of such

6 housing.

7 ‘‘(2) DISPOSAL OF CERTAIN HOUSING.—This

8 subsection may not be construed to prevent the Di9 rector, or any entity funded by the Department,

10 from demolishing or disposing of housing, pursuant

11 to regulations established by the Secretary.

12 ‘‘(c) INSURANCE COVERAGE.—As a condition to re13 ceiving grant amounts under this title, the Director shall

14 require adequate insurance coverage for housing units that

15 are owned or operated or assisted with grant amounts pro16 vided under this title.

17 ‘‘(d) ELIGIBILITY FOR ADMISSION.—As a condition

18 to receiving grant amounts under this title, the Director

19 shall develop written policies governing the eligibility, ad20 mission, and occupancy of families for housing assisted

21 with grant amounts provided under this title.

22 ‘‘(e) MANAGEMENT AND MAINTENANCE.—As a con23 dition to receiving grant amounts under this title, the Di24 rector shall develop policies governing the management
44

S 109 RFH

1 and maintenance of housing assisted with grant amounts

2 under this title.

3 ‘‘SEC. 812. TYPES OF INVESTMENTS.

4 ‘‘(a) IN GENERAL.—Subject to section 811 and an

5 applicable housing plan approved under section 803, the

6 Director shall have—

7 ‘‘(1) the discretion to use grant amounts for af8 fordable housing activities through the use of—

9 ‘‘(A) equity investments;

10 ‘‘(B) interest-bearing loans or advances;

11 ‘‘(C) noninterest-bearing loans or ad12 vances;

13 ‘‘(D) interest subsidies;

14 ‘‘(E) the leveraging of private investments;

15 or

16 ‘‘(F) any other form of assistance that the

17 Secretary determines to be consistent with the

18 purposes of this title; and

19 ‘‘(2) the right to establish the terms of assist20 ance provided with funds referred to in paragraph

21 (1).

22 ‘‘(b) INVESTMENTS.—The Director of the Depart23 ment of Hawaiian Home Lands may invest grant amounts

24 for the purposes of carrying out affordable housing activi-
45

S 109 RFH

1 ties in investment securities and other obligations, as ap2 proved by the Secretary.

3 ‘‘SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TAR4 GETING.

5 ‘‘(a) IN GENERAL.—Housing shall qualify for afford6 able housing for purposes of this title only if—

7 ‘‘(1) each dwelling unit in the housing—

8 ‘‘(A) in the case of rental housing, is made

9 available for occupancy only by a family that is

10 a low-income family at the time of the initial

11 occupancy of that family of that unit; and

12 ‘‘(B) in the case of housing for home13 ownership, is made available for purchase only

14 by a family that is a low-income family at the

15 time of purchase; and

16 ‘‘(2) each dwelling unit in the housing will re17 main affordable, according to binding commitments

18 satisfactory to the Secretary, for—

19 ‘‘(A) the remaining useful life of the prop20 erty (as determined by the Secretary) without

21 regard to the term of the mortgage or to trans22 fer of ownership; or

23 ‘‘(B) such other period as the Secretary

24 determines is the longest feasible period of time

25 consistent with sound economics and the pur-
46

S 109 RFH

1 poses of this title, except upon a foreclosure by

2 a lender (or upon other transfer in lieu of fore3 closure) if that action—

4 ‘‘(i) recognizes any contractual or

5 legal rights of any public agency, nonprofit

6 sponsor, or other person or entity to take

7 an action that would—

8 ‘‘(I) avoid termination of low-in9 come affordability, in the case of fore10 closure; or

11 ‘‘(II) transfer ownership in lieu

12 of foreclosure; and

13 ‘‘(ii) is not for the purpose of avoiding

14 low-income affordability restrictions, as de15 termined by the Secretary.

16 ‘‘(b) EXCEPTION.—Notwithstanding subsection (a),

17 housing assisted pursuant to section 809(a)(2)(B) shall be

18 considered affordable housing for purposes of this title.

19 ‘‘SEC. 814. LEASE REQUIREMENTS AND TENANT SELEC20 TION.

21 ‘‘(a) LEASES.—Except to the extent otherwise pro22 vided by or inconsistent with the laws of the State of Ha23 waii, in renting dwelling units in affordable housing as24 sisted with grant amounts provided under this title, the

25 Director, owner, or manager shall use leases that—
47

S 109 RFH

1 ‘‘(1) do not contain unreasonable terms and

2 conditions;

3 ‘‘(2) require the Director, owner, or manager to

4 maintain the housing in compliance with applicable

5 housing codes and quality standards;

6 ‘‘(3) require the Director, owner, or manager to

7 give adequate written notice of termination of the

8 lease, which shall be the period of time required

9 under applicable State or local law;

10 ‘‘(4) specify that, with respect to any notice of

11 eviction or termination, notwithstanding any State

12 or local law, a resident shall be informed of the op13 portunity, before any hearing or trial, to examine

14 any relevant documents, record, or regulations di15 rectly related to the eviction or termination;

16 ‘‘(5) require that the Director, owner, or man17 ager may not terminate the tenancy, during the

18 term of the lease, except for serious or repeated vio19 lation of the terms and conditions of the lease, viola20 tion of applicable Federal, State, or local law, or for

21 other good cause; and

22 ‘‘(6) provide that the Director, owner, and man23 ager may terminate the tenancy of a resident for

24 any activity, engaged in by the resident, any member

25 of the household of the resident, or any guest or
48

S 109 RFH

1 other person under the control of the resident,

2 that—

3 ‘‘(A) threatens the health or safety of, or

4 right to peaceful enjoyment of the premises by,

5 other residents or employees of the Department,

6 owner, or manager;

7 ‘‘(B) threatens the health or safety of, or

8 right to peaceful enjoyment of their premises

9 by, persons residing in the immediate vicinity of

10 the premises; or

11 ‘‘(C) is criminal activity (including drug-re12 lated criminal activity) on or off the premises.

13 ‘‘(b) TENANT OR HOMEBUYER SELECTION.—As a

14 condition to receiving grant amounts under this title, the

15 Director shall adopt and use written tenant and home16 buyer selection policies and criteria that—

17 ‘‘(1) are consistent with the purpose of provid18 ing housing for low-income families;

19 ‘‘(2) are reasonably related to program eligi20 bility and the ability of the applicant to perform the

21 obligations of the lease; and

22 ‘‘(3) provide for—

23 ‘‘(A) the selection of tenants and home24 buyers from a written waiting list in accordance

25 with the policies and goals set forth in an appli-
49

S 109 RFH

1 cable housing plan approved under section 803;

2 and

3 ‘‘(B) the prompt notification in writing to

4 any rejected applicant of the grounds for that

5 rejection.

6 ‘‘SEC. 815. REPAYMENT.

7 ‘‘If the Department of Hawaiian Home Lands uses

8 grant amounts to provide affordable housing under activi9 ties under this title and, at any time during the useful

10 life of the housing, the housing does not comply with the

11 requirement under section 813(a)(2), the Secretary

12 shall—

13 ‘‘(1) reduce future grant payments on behalf of

14 the Department by an amount equal to the grant

15 amounts used for that housing (under the authority

16 of section 818(a)(1)(B)); or

17 ‘‘(2) require repayment to the Secretary of any

18 amount equal to those grant amounts.

19 ‘‘SEC. 816. ANNUAL ALLOCATION.

20 ‘‘For each fiscal year, the Secretary shall allocate any

21 amounts made available for assistance under this title for

22 the fiscal year, in accordance with the formula established

23 pursuant to section 817 to the Department of Hawaiian

24 Home Lands if the Department complies with the require25 ments under this title for a grant under this title.
50

S 109 RFH

1 ‘‘SEC. 817. ALLOCATION FORMULA.

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall, by reg3 ulation issued not later than the expiration of the 6-month

4 period beginning on the date of enactment of the Native

5 American Housing Assistance and Self-Determination

6 Amendments of 1998, in the manner provided under sec7 tion 807, establish a formula to provide for the allocation

8 of amounts available for a fiscal year for block grants

9 under this title in accordance with the requirements of this

10 section.

11 ‘‘(b) FACTORS FOR DETERMINATION OF NEED.—

12 The formula under subsection (a) shall be based on factors

13 that reflect the needs for assistance for affordable housing

14 activities, including—

15 ‘‘(1) the number of low-income dwelling units

16 owned or operated at the time pursuant to a con17 tract between the Director and the Secretary;

18 ‘‘(2) the extent of poverty and economic distress

19 and the number of Native Hawaiian families eligible

20 to reside on the Hawaiian Home Lands; and

21 ‘‘(3) any other objectively measurable condi22 tions that the Secretary and the Director may speci23 fy.

24 ‘‘(c) OTHER FACTORS FOR CONSIDERATION.—In es25 tablishing the formula under subsection (a), the Secretary

26 shall consider the relative administrative capacities of the
51

S 109 RFH

1 Department of Hawaiian Home Lands and other chal2 lenges faced by the Department, including—

3 ‘‘(1) geographic distribution within Hawaiian

4 Home Lands; and

5 ‘‘(2) technical capacity.

6 ‘‘(d) EFFECTIVE DATE.—This section shall take ef7 fect on the date of enactment of the Native American

8 Housing Assistance and Self-Determination Amendments

9 of 1998.

10 ‘‘SEC. 818. REMEDIES FOR NONCOMPLIANCE.

11 ‘‘(a) ACTIONS BY SECRETARY AFFECTING GRANT

12 AMOUNTS.—

13 ‘‘(1) IN GENERAL.—Except as provided in sub14 section (b), if the Secretary finds after reasonable

15 notice and opportunity for a hearing that the De16 partment of Hawaiian Home Lands has failed to

17 comply substantially with any provision of this title,

18 the Secretary shall—

19 ‘‘(A) terminate payments under this title

20 to the Department;

21 ‘‘(B) reduce payments under this title to

22 the Department by an amount equal to the

23 amount of such payments that were not ex24 pended in accordance with this title; or
52

S 109 RFH

1 ‘‘(C) limit the availability of payments

2 under this title to programs, projects, or activi3 ties not affected by such failure to comply.

4 ‘‘(2) ACTIONS.—If the Secretary takes an ac5 tion under subparagraph (A), (B), or (C) of para6 graph (1), the Secretary shall continue that action

7 until the Secretary determines that the failure by

8 the Department to comply with the provision has

9 been remedied by the Department and the Depart10 ment is in compliance with that provision.

11 ‘‘(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL

12 INCAPACITY.—The Secretary may provide technical assist13 ance for the Department, either directly or indirectly, that

14 is designed to increase the capability and capacity of the

15 Director of the Department to administer assistance pro16 vided under this title in compliance with the requirements

17 under this title if the Secretary makes a finding under

18 subsection (a), but determines that the failure of the De19 partment to comply substantially with the provisions of

20 this title—

21 ‘‘(1) is not a pattern or practice of activities

22 constituting willful noncompliance; and

23 ‘‘(2) is a result of the limited capability or ca24 pacity of the Department of Hawaiian Home Lands.

25 ‘‘(c) REFERRAL FOR CIVIL ACTION.—
53

S 109 RFH

1 ‘‘(1) AUTHORITY.—In lieu of, or in addition to,

2 any action that the Secretary may take under sub3 section (a), if the Secretary has reason to believe

4 that the Department of Hawaiian Home Lands has

5 failed to comply substantially with any provision of

6 this title, the Secretary may refer the matter to the

7 Attorney General of the United States with a rec8 ommendation that an appropriate civil action be in9 stituted.

10 ‘‘(2) CIVIL ACTION.—Upon receiving a referral

11 under paragraph (1), the Attorney General may

12 bring a civil action in any United States district

13 court of appropriate jurisdiction for such relief as

14 may be appropriate, including an action—

15 ‘‘(A) to recover the amount of the assist16 ance furnished under this title that was not ex17 pended in accordance with this title; or

18 ‘‘(B) for mandatory or injunctive relief.

19 ‘‘(d) REVIEW.—

20 ‘‘(1) IN GENERAL.—If the Director receives no21 tice under subsection (a) of the termination, reduc22 tion, or limitation of payments under this Act, the

23 Director—

24 ‘‘(A) may, not later than 60 days after re25 ceiving such notice, file with the United States
54

S 109 RFH

1 Court of Appeals for the Ninth Circuit, or in

2 the United States Court of Appeals for the Dis3 trict of Columbia, a petition for review of the

4 action of the Secretary; and

5 ‘‘(B) upon the filing of any petition under

6 subparagraph (A), shall forthwith transmit cop7 ies of the petition to the Secretary and the At8 torney General of the United States, who shall

9 represent the Secretary in the litigation.

10 ‘‘(2) PROCEDURE.—

11 ‘‘(A) IN GENERAL.—The Secretary shall

12 file in the court a record of the proceeding on

13 which the Secretary based the action, as pro14 vided in section 2112 of title 28, United States

15 Code.

16 ‘‘(B) OBJECTIONS.—No objection to the

17 action of the Secretary shall be considered by

18 the court unless the Department has registered

19 the objection before the Secretary.

20 ‘‘(3) DISPOSITION.—

21 ‘‘(A) COURT PROCEEDINGS.—

22 ‘‘(i) JURISDICTION OF COURT.—The

23 court shall have jurisdiction to affirm or

24 modify the action of the Secretary or to set

25 the action aside in whole or in part.
55

S 109 RFH

1 ‘‘(ii) FINDINGS OF FACT.—If sup2 ported by substantial evidence on the

3 record considered as a whole, the findings

4 of fact by the Secretary shall be conclusive.

5 ‘‘(iii) ADDITION.—The court may

6 order evidence, in addition to the evidence

7 submitted for review under this subsection,

8 to be taken by the Secretary, and to be

9 made part of the record.

10 ‘‘(B) SECRETARY.—

11 ‘‘(i) IN GENERAL.—The Secretary, by

12 reason of the additional evidence referred

13 to in subparagraph (A) and filed with the

14 court—

15 ‘‘(I) may—

16 ‘‘(aa) modify the findings of

17 fact of the Secretary; or

18 ‘‘(bb) make new findings;

19 and

20 ‘‘(II) shall file—

21 ‘‘(aa) such modified or new

22 findings; and

23 ‘‘(bb) the recommendation

24 of the Secretary, if any, for the

25 modification or setting aside of
56

S 109 RFH

1 the original action of the Sec2 retary.

3 ‘‘(ii) FINDINGS.—The findings re4 ferred to in clause (i)(II)(bb) shall, with

5 respect to a question of fact, be considered

6 to be conclusive if those findings are—

7 ‘‘(I) supported by substantial evi8 dence on the record; and

9 ‘‘(II) considered as a whole.

10 ‘‘(4) FINALITY.—

11 ‘‘(A) IN GENERAL.—Except as provided in

12 subparagraph (B), upon the filing of the record

13 under this subsection with the court—

14 ‘‘(i) the jurisdiction of the court shall

15 be exclusive; and

16 ‘‘(ii) the judgment of the court shall

17 be final.

18 ‘‘(B) REVIEW BY SUPREME COURT.—A

19 judgment under subparagraph (A) shall be sub20 ject to review by the Supreme Court of the

21 United States upon writ of certiorari or certifi22 cation, as provided in section 1254 of title 28,

23 United States Code.

24 ‘‘SEC. 819. MONITORING OF COMPLIANCE.

25 ‘‘(a) ENFORCEABLE AGREEMENTS.—
57

S 109 RFH

1 ‘‘(1) IN GENERAL.—The Director, through

2 binding contractual agreements with owners or other

3 authorized entities, shall ensure long-term compli4 ance with the provisions of this title.

5 ‘‘(2) MEASURES.—The measures referred to in

6 paragraph (1) shall provide for—

7 ‘‘(A) to the extent allowable by Federal

8 and State law, the enforcement of the provi9 sions of this title by the Department and the

10 Secretary; and

11 ‘‘(B) remedies for breach of the provisions

12 referred to in paragraph (1).

13 ‘‘(b) PERIODIC MONITORING.—

14 ‘‘(1) IN GENERAL.—Not less frequently than

15 annually, the Director shall review the activities con16 ducted and housing assisted under this title to as17 sess compliance with the requirements of this title.

18 ‘‘(2) REVIEW.—Each review under paragraph

19 (1) shall include onsite inspection of housing to de20 termine compliance with applicable requirements.

21 ‘‘(3) RESULTS.—The results of each review

22 under paragraph (1) shall be—

23 ‘‘(A) included in a performance report of

24 the Director submitted to the Secretary under

25 section 820; and
58

S 109 RFH

1 ‘‘(B) made available to the public.

2 ‘‘(c) PERFORMANCE MEASURES.—The Secretary

3 shall establish such performance measures as may be nec4 essary to assess compliance with the requirements of this

5 title.

6 ‘‘SEC. 820. PERFORMANCE REPORTS.

7 ‘‘(a) REQUIREMENT.—For each fiscal year, the Di8 rector shall—

9 ‘‘(1) review the progress the Department has

10 made during that fiscal year in carrying out the

11 housing plan submitted by the Department under

12 section 803; and

13 ‘‘(2) submit a report to the Secretary (in a

14 form acceptable to the Secretary) describing the con15 clusions of the review.

16 ‘‘(b) CONTENT.—Each report submitted under this

17 section for a fiscal year shall—

18 ‘‘(1) describe the use of grant amounts provided

19 to the Department of Hawaiian Home Lands for

20 that fiscal year;

21 ‘‘(2) assess the relationship of the use referred

22 to in paragraph (1) to the goals identified in the

23 housing plan;

24 ‘‘(3) indicate the programmatic accomplish25 ments of the Department; and
59

S 109 RFH

1 ‘‘(4) describe the manner in which the Depart2 ment would change its housing plan submitted under

3 section 803 as a result of its experiences.

4 ‘‘(c) SUBMISSIONS.—The Secretary shall—

5 ‘‘(1) establish a date for submission of each re6 port under this section;

7 ‘‘(2) review each such report; and

8 ‘‘(3) with respect to each such report, make rec9 ommendations as the Secretary considers appro10 priate to carry out the purposes of this title.

11 ‘‘(d) PUBLIC AVAILABILITY.—

12 ‘‘(1) COMMENTS BY BENEFICIARIES.—In pre13 paring a report under this section, the Director shall

14 make the report publicly available to the bene15 ficiaries of the Hawaiian Homes Commission Act,

16 1920 (42 Stat. 108 et seq.) and give a sufficient

17 amount of time to permit those beneficiaries to com18 ment on that report before it is submitted to the

19 Secretary (in such manner and at such time as the

20 Director may determine).

21 ‘‘(2) SUMMARY OF COMMENTS.—The report

22 shall include a summary of any comments received

23 by the Director from beneficiaries under paragraph

24 (1) regarding the program to carry out the housing

25 plan.
60

S 109 RFH

1 ‘‘SEC. 821. REVIEW AND AUDIT BY SECRETARY.

2 ‘‘(a) ANNUAL REVIEW.—

3 ‘‘(1) IN GENERAL.—The Secretary shall, not

4 less frequently than on an annual basis, make such

5 reviews and audits as may be necessary or appro6 priate to determine whether—

7 ‘‘(A) the Director has—

8 ‘‘(i) carried out eligible activities

9 under this title in a timely manner;

10 ‘‘(ii) carried out and made certifi11 cations in accordance with the require12 ments and the primary objectives of this

13 title and with other applicable laws; and

14 ‘‘(iii) a continuing capacity to carry

15 out the eligible activities in a timely man16 ner;

17 ‘‘(B) the Director has complied with the

18 housing plan submitted by the Director under

19 section 803; and

20 ‘‘(C) the performance reports of the De21 partment under section 821 are accurate.

22 ‘‘(2) ONSITE VISITS.—Each review conducted

23 under this section shall, to the extent practicable, in24 clude onsite visits by employees of the Department

25 of Housing and Urban Development.
61

S 109 RFH

1 ‘‘(b) REPORT BY SECRETARY.—The Secretary shall

2 give the Department of Hawaiian Home Lands not less

3 than 30 days to review and comment on a report under

4 this subsection. After taking into consideration the com5 ments of the Department, the Secretary may revise the

6 report and shall make the comments of the Department

7 and the report with any revisions, readily available to the

8 public not later than 30 days after receipt of the com9 ments of the Department.

10 ‘‘(c) EFFECT OF REVIEWS.—The Secretary may

11 make appropriate adjustments in the amount of annual

12 grants under this title in accordance with the findings of

13 the Secretary pursuant to reviews and audits under this

14 section. The Secretary may adjust, reduce, or withdraw

15 grant amounts, or take other action as appropriate in ac16 cordance with the reviews and audits of the Secretary

17 under this section, except that grant amounts already ex18 pended on affordable housing activities may not be recap19 tured or deducted from future assistance provided to the

20 Department of Hawaiian Home Lands.

21 ‘‘SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS.

22 ‘‘To the extent that the financial transactions of the

23 Department of Hawaiian Home Lands involving grant

24 amounts under this title relate to amounts provided under

25 this title, those transactions may be audited by the Comp-
62

S 109 RFH

1 troller General of the United States under such regula2 tions as may be prescribed by the Comptroller General.

3 The Comptroller General of the United States shall have

4 access to all books, accounts, records, reports, files, and

5 other papers, things, or property belonging to or in use

6 by the Department of Hawaiian Home Lands pertaining

7 to such financial transactions and necessary to facilitate

8 the audit.

9 ‘‘SEC. 823. REPORTS TO CONGRESS.

10 ‘‘(a) IN GENERAL.—Not later than 90 days after the

11 conclusion of each fiscal year in which assistance under

12 this title is made available, the Secretary shall submit to

13 the Congress a report that contains—

14 ‘‘(1) a description of the progress made in ac15 complishing the objectives of this title;

16 ‘‘(2) a summary of the use of funds available

17 under this title during the preceding fiscal year; and

18 ‘‘(3) a description of the aggregate outstanding

19 loan guarantees under section 184A of the Housing

20 and Community Development Act of 1992.

21 ‘‘(b) RELATED REPORTS.—The Secretary may re22 quire the Director to submit to the Secretary such reports

23 and other information as may be necessary in order for

24 the Secretary to prepare the report required under sub25 section (a).
63

S 109 RFH

1 ‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to the De3 partment of Housing and Urban Development for grants

4 under this title such sums as may be necessary for each

5 of fiscal years 1999, 2000, 2001, 2002 and 2003.’’.

6 SEC. 4. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUS7 ING.

8 Subtitle E of title I of the Housing and Community

9 Development Act of 1992 is amended by inserting after

10 section 184 (12 U.S.C. 1715z–13a) the following:

11 ‘‘SEC. 184A. LOAN GUARANTEES FOR NATIVE HAWAIIAN

12 HOUSING.

13 ‘‘(a) DEFINITIONS.—In this section:

14 ‘‘(1) DEPARTMENT OF HAWAIIAN HOME

15 LANDS.—The term ‘Department of Hawaiian Home

16 Lands’ means the agency or department of the gov17 ernment of the State of Hawaii that is responsible

18 for the administration of the Hawaiian Homes Com19 mission Act, 1920 (42 Stat. 108 set seq.).

20 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en21 tity’ means a Native Hawaiian family, the Depart22 ment of Hawaiian Home Lands, the Office of Ha23 waiian Affairs, or private nonprofit or for-profit or24 ganizations experienced in the planning and develop25 ment of affordable housing for Native Hawaiians.
64

S 109 RFH

1 ‘‘(3) FAMILY.—The term ‘family’ means 1 or

2 more persons maintaining a household, as the Sec3 retary shall by regulation provide.

4 ‘‘(4) GUARANTEE FUND.—The term ‘Guarantee

5 Fund’ means the Native Hawaiian Housing Loan

6 Guarantee Fund established under subsection (i) of

7 this section.

8 ‘‘(5) HAWAIIAN HOME LANDS.—The term ‘Ha9 waiian Home Lands’ means lands that—

10 ‘‘(A) have the status of Hawaiian Home

11 Lands under section 204 of the Hawaiian

12 Homes Commission Act (42 Stat. 110); or

13 ‘‘(B) are acquired pursuant to that Act.

14 ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native

15 Hawaiian’ has the meaning given the term ‘native

16 Hawaiian’ in section 201 of the Hawaiian Homes

17 Commission Act, 1920 (42 Stat. 108 et seq.).

18 ‘‘(7) OFFICE OF HAWAIIAN AFFAIRS.—The

19 term ‘Office of Hawaiian Affairs’ means the entity

20 of that name established under the constitution of

21 the State of Hawaii.

22 ‘‘(b) AUTHORITY.—To provide access to sources of

23 private financing to Native Hawaiian families who other24 wise could not acquire housing financing because of the

25 unique legal status of the Hawaiian Home Lands or as
65

S 109 RFH

1 a result of a lack of access to private financial markets,

2 the Secretary may guarantee an amount not to exceed 100

3 percent of the unpaid principal and interest that is due

4 on an eligible loan under subsection (b).

5 ‘‘(c) ELIGIBLE LOANS.—Under this section, a loan

6 is an eligible loan if that loan meets the following require7 ments:

8 ‘‘(1) ELIGIBLE BORROWERS.—The loan is made

9 only to a borrower who—

10 ‘‘(A) is a Native Hawaiian family;

11 ‘‘(B) the Department of Hawaiian Home

12 Lands;

13 ‘‘(C) the Office of Hawaiian Affairs; or

14 ‘‘(D) a private nonprofit organization expe15 rienced in the planning and development of af16 fordable housing for Native Hawaiians.

17 ‘‘(2) ELIGIBLE HOUSING.—

18 ‘‘(A) IN GENERAL.—The loan will be used

19 to construct, acquire, or rehabilitate not more

20 than 4-family dwellings that are standard hous21 ing and are located on Hawaiian Home Lands

22 for which a housing plan described in subpara23 graph (B) applies.
66

S 109 RFH

1 ‘‘(B) HOUSING PLAN.—A housing plan de2 scribed in this subparagraph is a housing plan

3 that—

4 ‘‘(i) has been submitted and approved

5 by the Secretary under section 803 of the

6 Native American Housing Assistance and

7 Self-Determination Amendments of 1998;

8 and

9 ‘‘(ii) provides for the use of loan guar10 antees under this section to provide afford11 able homeownership housing on Hawaiian

12 Home Lands.

13 ‘‘(3) SECURITY.—The loan may be secured by

14 any collateral authorized under applicable Federal

15 law or State law.

16 ‘‘(4) LENDERS.—

17 ‘‘(A) IN GENERAL.—The loan shall be

18 made only by a lender approved by, and meet19 ing qualifications established by, the Secretary,

20 including any lender described in subparagraph

21 (B), except that a loan otherwise insured or

22 guaranteed by an agency of the Federal Gov23 ernment or made by the Department of Hawai24 ian Home Lands from amounts borrowed from
67

S 109 RFH

1 the United States shall not be eligible for a

2 guarantee under this section.

3 ‘‘(B) APPROVAL.—The following lenders

4 shall be considered to be lenders that have been

5 approved by the Secretary:

6 ‘‘(i) Any mortgagee approved by the

7 Secretary for participation in the single

8 family mortgage insurance program under

9 title II of the National Housing Act (12

10 U.S.C.A. 1707 et seq.).

11 ‘‘(ii) Any lender that makes housing

12 loans under chapter 37 of title 38, United

13 States Code, that are automatically guar14 anteed under section 3702(d) of title 38,

15 United States Code.

16 ‘‘(iii) Any lender approved by the Sec17 retary of Agriculture to make guaranteed

18 loans for single family housing under the

19 Housing Act of 1949 (42 U.S.C.A. 1441 et

20 seq.).

21 ‘‘(iv) Any other lender that is super22 vised, approved, regulated, or insured by

23 any agency of the Federal Government.

24 ‘‘(5) TERMS.—The loan shall—
68

S 109 RFH

1 ‘‘(A) be made for a term not exceeding 30

2 years;

3 ‘‘(B) bear interest (exclusive of the guar4 antee fee under subsection (d) and service

5 charges, if any) at a rate agreed upon by the

6 borrower and the lender and determined by the

7 Secretary to be reasonable, but not to exceed

8 the rate generally charged in the area (as deter9 mined by the Secretary) for home mortgage

10 loans not guaranteed or insured by any agency

11 or instrumentality of the Federal Government;

12 ‘‘(C) involve a principal obligation not ex13 ceeding—

14 ‘‘(i) 97.75 percent of the appraised

15 value of the property as of the date the

16 loan is accepted for guarantee (or 98.75

17 percent if the value of the property is

18 $50,000 or less); or

19 ‘‘(ii) the amount approved by the Sec20 retary under this section; and

21 ‘‘(D) involve a payment on account of the

22 property—

23 ‘‘(i) in cash or its equivalent; or

24 ‘‘(ii) through the value of any im25 provements to the property made through
69

S 109 RFH

1 the skilled or unskilled labor of the bor2 rower, as the Secretary shall provide.

3 ‘‘(d) CERTIFICATE OF GUARANTEE.—

4 ‘‘(1) APPROVAL PROCESS.—

5 ‘‘(A) IN GENERAL.—Before the Secretary

6 approves any loan for guarantee under this sec7 tion, the lender shall submit the application for

8 the loan to the Secretary for examination.

9 ‘‘(B) APPROVAL.—If the Secretary ap10 proves the application submitted under sub11 paragraph (A), the Secretary shall issue a cer12 tificate under this subsection as evidence of the

13 loan guarantee approved.

14 ‘‘(2) STANDARD FOR APPROVAL.—The Sec15 retary may approve a loan for guarantee under this

16 section and issue a certificate under this subsection

17 only if the Secretary determines that there is a rea18 sonable prospect of repayment of the loan.

19 ‘‘(3) EFFECT.—

20 ‘‘(A) IN GENERAL.—A certificate of guar21 antee issued under this subsection by the Sec22 retary shall be conclusive evidence of the eligi23 bility of the loan for guarantee under this sec24 tion and the amount of that guarantee.
70

S 109 RFH

1 ‘‘(B) EVIDENCE.—The evidence referred to

2 in subparagraph (A) shall be incontestable in

3 the hands of the bearer.

4 ‘‘(C) FULL FAITH AND CREDIT.—The full

5 faith and credit of the United States is pledged

6 to the payment of all amounts agreed to be paid

7 by the Secretary as security for the obligations

8 made by the Secretary under this section.

9 ‘‘(4) FRAUD AND MISREPRESENTATION.—This

10 subsection may not be construed—

11 ‘‘(A) to preclude the Secretary from estab12 lishing defenses against the original lender

13 based on fraud or material misrepresentation;

14 or

15 ‘‘(B) to bar the Secretary from establish16 ing by regulations that are on the date of

17 issuance or disbursement, whichever is earlier,

18 partial defenses to the amount payable on the

19 guarantee.

20 ‘‘(e) GUARANTEE FEE.—

21 ‘‘(1) IN GENERAL.—The Secretary shall fix and

22 collect a guarantee fee for the guarantee of a loan

23 under this section, which may not exceed the amount

24 equal to 1 percent of the principal obligation of the

25 loan.
71

S 109 RFH

1 ‘‘(2) PAYMENT.—The fee under this subsection

2 shall—

3 ‘‘(A) be paid by the lender at time of

4 issuance of the guarantee; and

5 ‘‘(B) be adequate, in the determination of

6 the Secretary, to cover expenses and probable

7 losses.

8 ‘‘(3) DEPOSIT.—The Secretary shall deposit

9 any fees collected under this subsection in the Na10 tive Hawaiian Housing Loan Guarantee Fund estab11 lished under subsection (j).

12 ‘‘(f) LIABILITY UNDER GUARANTEE.—The liability

13 under a guarantee provided under this section shall de14 crease or increase on a pro rata basis according to any

15 decrease or increase in the amount of the unpaid obliga16 tion under the provisions of the loan agreement involved.

17 ‘‘(g) TRANSFER AND ASSUMPTION.—Notwithstand18 ing any other provision of law, any loan guaranteed under

19 this section, including the security given for the loan, may

20 be sold or assigned by the lender to any financial institu21 tion subject to examination and supervision by an agency

22 of the Federal Government or of any State or the District

23 of Columbia.

24 ‘‘(h) DISQUALIFICATION OF LENDERS AND CIVIL

25 MONEY PENALTIES.—
72

S 109 RFH

1 ‘‘(1) IN GENERAL.—

2 ‘‘(A) GROUNDS FOR ACTION.—If the Sec3 retary determines that any lender or holder of

4 a guarantee certificate under subsection (c)—

5 ‘‘(i) has failed—

6 ‘‘(I) to maintain adequate ac7 counting records;

8 ‘‘(II) to service adequately loans

9 guaranteed under this section; or

10 ‘‘(III) to exercise proper credit or

11 underwriting judgment; or

12 ‘‘(ii) has engaged in practices other13 wise detrimental to the interest of a bor14 rower or the United States,

15 the Secretary may take action under subpara16 graph (B).

17 ‘‘(B) ACTIONS.—Upon a determination by

18 the Secretary that a holder of a guarantee cer19 tificate under subsection (c) has failed to carry

20 out an activity described in subparagraph (A)(i)

21 or has engaged in practices described in sub22 paragraph (A)(ii), the Secretary may—

23 ‘‘(i) refuse, either temporarily or per24 manently, to guarantee any further loans

25 made by such lender or holder;
73

S 109 RFH

1 ‘‘(ii) bar such lender or holder from

2 acquiring additional loans guaranteed

3 under this section; and

4 ‘‘(iii) require that such lender or hold5 er assume not less than 10 percent of any

6 loss on further loans made or held by the

7 lender or holder that are guaranteed under

8 this section.

9 ‘‘(2) CIVIL MONEY PENALTIES FOR INTEN10 TIONAL VIOLATIONS.—

11 ‘‘(A) IN GENERAL.—The Secretary may

12 impose a civil monetary penalty on a lender or

13 holder of a guarantee certificate under sub14 section (d) if the Secretary determines that the

15 holder or lender has intentionally failed—

16 ‘‘(i) to maintain adequate accounting

17 records;

18 ‘‘(ii) to adequately service loans guar19 anteed under this section; or

20 ‘‘(iii) to exercise proper credit or un21 derwriting judgment.

22 ‘‘(B) PENALTIES.—A civil monetary pen23 alty imposed under this paragraph shall be im24 posed in the manner and be in an amount pro25 vided under section 536 of the National Hous-
74

S 109 RFH

1 ing Act (12 U.S.C.A. 1735f–1) with respect to

2 mortgagees and lenders under that Act.

3 ‘‘(3) PAYMENT ON LOANS MADE IN GOOD

4 FAITH.—Notwithstanding paragraphs (1) and (2), if

5 a loan was made in good faith, the Secretary may

6 not refuse to pay a lender or holder of a valid guar7 antee on that loan, without regard to whether the

8 lender or holder is barred under this subsection.

9 ‘‘(i) PAYMENT UNDER GUARANTEE.—

10 ‘‘(1) LENDER OPTIONS.—

11 ‘‘(A) IN GENERAL.—

12 ‘‘(i) NOTIFICATION.—If a borrower on

13 a loan guaranteed under this section de14 faults on the loan, the holder of the guar15 antee certificate shall provide written no16 tice of the default to the Secretary.

17 ‘‘(ii) PAYMENT.—Upon providing the

18 notice required under clause (i), the holder

19 of the guarantee certificate shall be enti20 tled to payment under the guarantee (sub21 ject to the provisions of this section) and

22 may proceed to obtain payment in 1 of the

23 following manners:

24 ‘‘(I) FORECLOSURE.—
75

S 109 RFH

1 ‘‘(aa) IN GENERAL.—The

2 holder of the certificate may initi3 ate foreclosure proceedings (after

4 providing written notice of that

5 action to the Secretary).

6 ‘‘(bb) PAYMENT.—Upon a

7 final order by the court authoriz8 ing foreclosure and submission to

9 the Secretary of a claim for pay10 ment under the guarantee, the

11 Secretary shall pay to the holder

12 of the certificate the pro rata

13 portion of the amount guaran14 teed (as determined pursuant to

15 subsection (f)) plus reasonable

16 fees and expenses as approved by

17 the Secretary.

18 ‘‘(cc) SUBROGATION.—The

19 rights of the Secretary shall be

20 subrogated to the rights of the

21 holder of the guarantee. The

22 holder shall assign the obligation

23 and security to the Secretary.

24 ‘‘(II) NO FORECLOSURE.—
76

S 109 RFH

1 ‘‘(aa) IN GENERAL.—With2 out seeking foreclosure (or in any

3 case in which a foreclosure pro4 ceeding initiated under clause (i)

5 continues for a period in excess

6 of 1 year), the holder of the

7 guarantee may submit to the

8 Secretary a request to assign the

9 obligation and security interest to

10 the Secretary in return for pay11 ment of the claim under the

12 guarantee. The Secretary may

13 accept assignment of the loan if

14 the Secretary determines that the

15 assignment is in the best interest

16 of the United States.

17 ‘‘(bb) PAYMENT.—Upon as18 signment, the Secretary shall pay

19 to the holder of the guarantee

20 the pro rata portion of the

21 amount guaranteed (as deter22 mined under subsection (f)).

23 ‘‘(cc) SUBROGATION.—The

24 rights of the Secretary shall be

25 subrogated to the rights of the
77

S 109 RFH

1 holder of the guarantee. The

2 holder shall assign the obligation

3 and security to the Secretary.

4 ‘‘(B) REQUIREMENTS.—Before any pay5 ment under a guarantee is made under sub6 paragraph (A), the holder of the guarantee

7 shall exhaust all reasonable possibilities of col8 lection. Upon payment, in whole or in part, to

9 the holder, the note or judgment evidencing the

10 debt shall be assigned to the United States and

11 the holder shall have no further claim against

12 the borrower or the United States. The Sec13 retary shall then take such action to collect as

14 the Secretary determines to be appropriate.

15 ‘‘(2) LIMITATIONS ON LIQUIDATION.—

16 ‘‘(A) IN GENERAL.—If a borrower defaults

17 on a loan guaranteed under this section that in18 volves a security interest in restricted Hawaiian

19 Home Land property, the mortgagee or the

20 Secretary shall only pursue liquidation after of21 fering to transfer the account to another eligi22 ble Hawaiian family or to the Department of

23 Hawaiian Home Lands.

24 ‘‘(B) LIMITATION.—If, after action is

25 taken under subparagraph (A), the mortgagee
78

S 109 RFH

1 or the Secretary subsequently proceeds to liq2 uidate the account, the mortgagee or the Sec3 retary shall not sell, transfer, or otherwise dis4 pose of or alienate the property described in

5 subparagraph (A) except to another eligible Ha6 waiian family or to the Department of Hawai7 ian Home Lands.

8 ‘‘(j) HAWAIIAN HOUSING LOAN GUARANTEE

9 FUND.—

10 ‘‘(1) ESTABLISHMENT.—There is established in

11 the Treasury of the United States the Hawaiian

12 Housing Loan Guarantee Fund for the purpose of

13 providing loan guarantees under this section.

14 ‘‘(2) CREDITS.—The Guarantee Fund shall be

15 credited with—

16 ‘‘(A) any amount, claims, notes, mort17 gages, contracts, and property acquired by the

18 Secretary under this section, and any collections

19 and proceeds therefrom;

20 ‘‘(B) any amounts appropriated pursuant

21 to paragraph (7);

22 ‘‘(C) any guarantee fees collected under

23 subsection (d); and

24 ‘‘(D) any interest or earnings on amounts

25 invested under paragraph (4).
79

S 109 RFH

1 ‘‘(3) USE.—Amounts in the Guarantee Fund

2 shall be available, to the extent provided in appro3 priations Acts, for—

4 ‘‘(A) fulfilling any obligations of the Sec5 retary with respect to loans guaranteed under

6 this section, including the costs (as that term is

7 defined in section 502 of the Federal Credit Re8 form Act of 1990 (2 U.S.C. 661a)) of such

9 loans;

10 ‘‘(B) paying taxes, insurance, prior liens,

11 expenses necessary to make fiscal adjustment in

12 connection with the application and transmittal

13 of collections, and other expenses and advances

14 to protect the Secretary for loans which are

15 guaranteed under this section or held by the

16 Secretary;

17 ‘‘(C) acquiring such security property at

18 foreclosure sales or otherwise;

19 ‘‘(D) paying administrative expenses in

20 connection with this section; and

21 ‘‘(E) reasonable and necessary costs of re22 habilitation and repair to properties that the

23 Secretary holds or owns pursuant to this sec24 tion.
80

S 109 RFH

1 ‘‘(4) INVESTMENT.—Any amounts in the Guar2 antee Fund determined by the Secretary to be in ex3 cess of amounts currently required at the time of the

4 determination to carry out this section may be in5 vested in obligations of the United States.

6 ‘‘(5) LIMITATION ON COMMITMENTS TO GUAR7 ANTEE LOANS AND MORTGAGES.—

8 ‘‘(A) REQUIREMENT OF APPROPRIA9 TIONS.—The authority of the Secretary to enter

10 into commitments to guarantee loans under this

11 section shall be effective for any fiscal year to

12 the extent, or in such amounts as, are or have

13 been provided in appropriations Acts, without

14 regard to the fiscal year for which such

15 amounts were appropriated.

16 ‘‘(B) LIMITATIONS ON COSTS OF GUARAN17 TEES.—The authority of the Secretary to enter

18 into commitments to guarantee loans under this

19 section shall be effective for any fiscal year only

20 to the extent that amounts in the Guarantee

21 Fund are or have been made available in appro22 priations Acts to cover the costs (as that term

23 is defined in section 502 of the Federal Credit

24 Reform Act of 1990 (2 U.S.C. 661a)) of such

25 loan guarantees for such fiscal year. Any
81

S 109 RFH

1 amounts appropriated pursuant to this subpara2 graph shall remain available until expended.

3 ‘‘(C) LIMITATION ON OUTSTANDING AG4 GREGATE PRINCIPAL AMOUNT.—Subject to the

5 limitations in subparagraphs (A) and (B), the

6 Secretary may enter into commitments to guar7 antee loans under this section for each of fiscal

8 years 1999, 2000, 2001, 2002, and 2003 with

9 an aggregate outstanding principal amount not

10 exceeding $100,000,000 for each such fiscal

11 year.

12 ‘‘(6) LIABILITIES.—All liabilities and obliga13 tions of the assets credited to the Guarantee Fund

14 under paragraph (2)(A) shall be liabilities and obli15 gations of the Guarantee Fund.

16 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated to the

18 Guarantee Fund to carry out this section such sums

19 as may be necessary for each of fiscal years 1999,

20 2000, 2001, 2002, and 2003.

21 ‘‘(k) REQUIREMENTS FOR STANDARD HOUSING.—

22 ‘‘(1) IN GENERAL.—The Secretary shall, by

23 regulation, establish housing safety and quality

24 standards to be applied for use under this section.
82

S 109 RFH

1 ‘‘(2) STANDARDS.—The standards referred to

2 in paragraph (1) shall—

3 ‘‘(A) provide sufficient flexibility to permit

4 the use of various designs and materials in

5 housing acquired with loans guaranteed under

6 this section; and

7 ‘‘(B) require each dwelling unit in any

8 housing acquired in the manner described in

9 subparagraph (A) to—

10 ‘‘(i) be decent, safe, sanitary, and

11 modest in size and design;

12 ‘‘(ii) conform with applicable general

13 construction standards for the region in

14 which the housing is located;

15 ‘‘(iii) contain a plumbing system

16 that—

17 ‘‘(I) uses a properly installed sys18 tem of piping;

19 ‘‘(II) includes a kitchen sink and

20 a partitional bathroom with lavatory,

21 toilet, and bath or shower; and

22 ‘‘(III) uses water supply, plumb23 ing, and sewage disposal systems that

24 conform to any minimum standards
83

S 109 RFH

1 established by the applicable county or

2 State;

3 ‘‘(iv) contain an electrical system

4 using wiring and equipment properly in5 stalled to safely supply electrical energy for

6 adequate lighting and for operation of ap7 pliances that conforms to any appropriate

8 county, State, or national code;

9 ‘‘(v) be not less than the size provided

10 under the applicable locally adopted stand11 ards for size of dwelling units, except that

12 the Secretary, upon request of the Depart13 ment of Hawaiian Home Lands may waive

14 the size requirements under this para15 graph; and

16 ‘‘(vi) conform with the energy per17 formance requirements for new construc18 tion established by the Secretary under

19 section 526(a) of the National Housing

20 Act (12 U.S.C.A. 1735f–4), unless the Sec21 retary determines that the requirements

22 are not applicable.

23 ‘‘(l) APPLICABILITY OF CIVIL RIGHTS STATUTES.—

24 To the extent that the requirements of title VI of the Civil

25 Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of title
84

S 109 RFH

1 VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et

2 seq.) apply to a guarantee provided under this subsection,

3 nothing in the requirements concerning discrimination on

4 the basis of race shall be construed to prevent the provi5 sion of the guarantee to an eligible entity on the basis

6 that the entity serves Native Hawaiian families or is a

7 Native Hawaiian family.’’.

Passed the Senate October 16 (legislative day, October 2), 1998.

Attest: GARY SISCO,

Secretary.