| Home > 106th Congressional Bills > S. 1452 (es) To modernize the requirements under the National Manufactured Housing [Engrossed in Senate] ...
S. 1452 (es) To modernize the requirements under the National Manufactured Housing [Engrossed in Senate] ...
later than the expiration of the 6-month period beginning on the date of the enactment of the American Homeownership and Economic Opportunity Act of 2000, in the manner provided under section 807, establish a formula to provide for the allocation of amounts available for a fiscal year for block grants under this title in accordance with the requirements of this section. ``(b) Factors for Determination of Need.--The formula under subsection (a) shall be based on factors that reflect the needs for assistance for affordable housing activities, including-- ``(1) the number of low-income dwelling units owned or operated at the time pursuant to a contract between the Director and the Secretary; ``(2) the extent of poverty and economic distress and the number of Native Hawaiian families eligible to reside on the Hawaiian Home Lands; and ``(3) any other objectively measurable conditions that the Secretary and the Director may specify. ``(c) Other Factors for Consideration.--In establishing the formula under subsection (a), the Secretary shall consider the relative administrative capacities of the Department of Hawaiian Home Lands and other challenges faced by the Department, including-- ``(1) geographic distribution within Hawaiian Home Lands; and ``(2) technical capacity. ``(d) Effective Date.--This section shall take effect on the date of the enactment of the American Homeownership and Economic Opportunity Act of 2000. ``SEC. 818. REMEDIES FOR NONCOMPLIANCE. ``(a) Actions by Secretary Affecting Grant Amounts.-- ``(1) In general.--Except as provided in subsection (b), if the Secretary finds after reasonable notice and opportunity for a hearing that the Department of Hawaiian Home Lands has failed to comply substantially with any provision of this title, the Secretary shall-- ``(A) terminate payments under this title to the Department; ``(B) reduce payments under this title to the Department by an amount equal to the amount of such payments that were not expended in accordance with this title; or ``(C) limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply. ``(2) Actions.--If the Secretary takes an action under subparagraph (A), (B), or (C) of paragraph (1), the Secretary shall continue that action until the Secretary determines that the failure by the Department to comply with the provision has been remedied by the Department and the Department is in compliance with that provision. ``(b) Noncompliance Because of a Technical Incapacity.--The Secretary may provide technical assistance for the Department, either directly or indirectly, that is designed to increase the capability and capacity of the Director of the Department to administer assistance provided under this title in compliance with the requirements under this title if the Secretary makes a finding under subsection (a), but determines that the failure of the Department to comply substantially with the provisions of this title-- ``(1) is not a pattern or practice of activities constituting willful noncompliance; and ``(2) is a result of the limited capability or capacity of the Department of Hawaiian Home Lands. ``(c) Referral for Civil Action.-- ``(1) Authority.--In lieu of, or in addition to, any action that the Secretary may take under subsection (a), if the Secretary has reason to believe that the Department of Hawaiian Home Lands has failed to comply substantially with any provision of this title, the Secretary may refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted. ``(2) Civil action.--Upon receiving a referral under paragraph (1), the Attorney General may bring a civil action in any United States district court of appropriate jurisdiction for such relief as may be appropriate, including an action-- ``(A) to recover the amount of the assistance furnished under this title that was not expended in accordance with this title; or ``(B) for mandatory or injunctive relief. ``(d) Review.-- ``(1) In general.--If the Director receives notice under subsection (a) of the termination, reduction, or limitation of payments under this Act, the Director-- ``(A) may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the Ninth Circuit, or in the United States Court of Appeals for the District of Columbia, a petition for review of the action of the Secretary; and ``(B) upon the filing of any petition under subparagraph (A), shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation. ``(2) Procedure.-- ``(A) In general.--The Secretary shall file in the court a record of the proceeding on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. ``(B) Objections.--No objection to the action of the Secretary shall be considered by the court unless the Department has registered the objection before the Secretary. ``(3) Disposition.-- ``(A) Court proceedings.-- ``(i) Jurisdiction of court.--The court shall have jurisdiction to affirm or modify the action of the Secretary or to set the action aside in whole or in part. ``(ii) Findings of fact.--If supported by substantial evidence on the record considered as a whole, the findings of fact by the Secretary shall be conclusive. ``(iii) Addition.--The court may order evidence, in addition to the evidence submitted for review under this subsection, to be taken by the Secretary, and to be made part of the record. ``(B) Secretary.-- ``(i) In general.--The Secretary, by reason of the additional evidence referred to in subparagraph (A) and filed with the court-- ``(I) may-- ``(aa) modify the findings of fact of the Secretary; or ``(bb) make new findings; and ``(II) shall file-- ``(aa) such modified or new findings; and ``(bb) the recommendation of the Secretary, if any, for the modification or setting aside of the original action of the Secretary. ``(ii) Findings.--The findings referred to in clause (i)(II)(bb) shall, with respect to a question of fact, be considered to be conclusive if those findings are-- ``(I) supported by substantial evidence on the record; and ``(II) considered as a whole. ``(4) Finality.-- ``(A) In general.--Except as provided in subparagraph (B), upon the filing of the record under this subsection with the court-- ``(i) the jurisdiction of the court shall be exclusive; and ``(ii) the judgment of the court shall be final. ``(B) Review by supreme court.--A judgment under subparagraph (A) shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification, as provided in section 1254 of title 28, United States Code. ``SEC. 819. MONITORING OF COMPLIANCE. ``(a) Enforceable Agreements.-- ``(1) In general.--The Director, through binding contractual agreements with owners or other authorized entities, shall ensure long-term compliance with the provisions of this title. ``(2) Measures.--The measures referred to in paragraph (1) shall provide for-- ``(A) to the extent allowable by Federal and State law, the enforcement of the provisions of this title by the Department and the Secretary; and ``(B) remedies for breach of the provisions referred to in paragraph (1). ``(b) Periodic Monitoring.-- ``(1) In general.--Not less frequently than annually, the Director shall review the activities conducted and housing assisted under this title to assess compliance with the requirements of this title. ``(2) Review.--Each review under paragraph (1) shall include onsite inspection of housing to determine compliance with applicable requirements. ``(3) Results.--The results of each review under paragraph (1) shall be-- ``(A) included in a performance report of the Director submitted to the Secretary under section 820; and ``(B) made available to the public. ``(c) Performance Measures.--The Secretary shall establish such performance measures as may be necessary to assess compliance with the requirements of this title. ``SEC. 820. PERFORMANCE REPORTS. ``(a) Requirement.--For each fiscal year, the Director shall-- ``(1) review the progress the Department has made during that fiscal year in carrying out the housing plan submitted by the Department under section 803; and ``(2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review. ``(b) Content.--Each report submitted under this section for a fiscal year shall-- ``(1) describe the use of grant amounts provided to the Department of Hawaiian Home Lands for that fiscal year; ``(2) assess the relationship of the use referred to in paragraph (1) to the goals identified in the housing plan; ``(3) indicate the programmatic accomplishments of the Department; and ``(4) describe the manner in which the Department would change its housing plan submitted under section 803 as a result of its experiences. ``(c) Submissions.--The Secretary shall-- ``(1) establish a date for submission of each report under this section; ``(2) review each such report; and ``(3) with respect to each such report, make recommendations as the Secretary considers appropriate to carry out the purposes of this title. ``(d) Public Availability.-- ``(1) Comments by beneficiaries.--In preparing a report under this section, the Director shall make the report publicly available to the beneficiaries of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.) and give a sufficient amount of time to permit those beneficiaries to comment on that report before it is submitted to the Secretary (in such manner and at such time as the Director may determine). ``(2) Summary of comments.--The report shall include a summary of any comments received by the Director from beneficiaries under paragraph (1) regarding the program to carry out the housing plan. ``SEC. 821. REVIEW AND AUDIT BY SECRETARY. ``(a) Annual Review.-- ``(1) In general.--The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether-- ``(A) the Director has-- ``(i) carried out eligible activities under this title in a timely manner; ``(ii) carried out and made certifications in accordance with the requirements and the primary objectives of this title and with other applicable laws; and ``(iii) a continuing capacity to carry out the eligible activities in a timely manner; ``(B) the Director has complied with the housing plan submitted by the Director under section 803; and ``(C) the performance reports of the Department under section 821 are accurate. ``(2) Onsite visits.--Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development. ``(b) Report by Secretary.--The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department. ``(c) Effect of Reviews.--The Secretary may make appropriate adjustments in the amount of annual grants under this title in accordance with the findings of the Secretary pursuant to reviews and audits under this section. The Secretary may adjust, reduce, or withdraw grant amounts, or take other action as appropriate in accordance with the reviews and audits of the Secretary under this section, except that grant amounts already expended on affordable housing activities may not be recaptured or deducted from future assistance provided to the Department of Hawaiian Home Lands. ``SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS. ``To the extent that the financial transactions of the Department of Hawaiian Home Lands involving grant amounts under this title relate to amounts provided under this title, those transactions may be audited by the Comptroller General of the United States under such regulations as may be prescribed by the Comptroller General. The Comptroller General of the United States shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by the Department of Hawaiian Home Lands pertaining to such financial transactions and necessary to facilitate the audit. ``SEC. 823. REPORTS TO CONGRESS. ``(a) In General.--Not later than 90 days after the conclusion of each fiscal year in which assistance under this title is made available, the Secretary shall submit to Congress a report that contains-- ``(1) a description of the progress made in accomplishing the objectives of this title; ``(2) a summary of the use of funds available under this title during the preceding fiscal year; and ``(3) a description of the aggregate outstanding loan guarantees under section 184A of the Housing and Community Development Act of 1992. ``(b) Related Reports.--The Secretary may require the Director to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to prepare the report required under subsection (a). ``SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
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