| 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] ...
``(A) In general.--Notwithstanding any other provision of this subsection, if the Secretary makes a determination that the failure of a recipient of assistance under this Act to comply substantially with any material provision (as that term is defined by the Secretary) of this Act is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not authorized by law, the Secretary may take an action described in paragraph (1)(C) before conducting a hearing. ``(B) Procedural requirement.--If the Secretary takes an action described in subparagraph (A), the Secretary shall-- ``(i) provide notice to the recipient at the time that the Secretary takes that action; and ``(ii) conduct a hearing not later than 60 days after the date on which the Secretary provides notice under clause (i). ``(C) Determination.--Upon completion of a hearing under this paragraph, the Secretary shall make a determination regarding whether to continue taking the action that is the subject of the hearing, or take another action under this subsection.''. (i) Performance Agreement Time Limit.--Section 401(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(b)) is amended-- (1) by striking ``If the Secretary'' and inserting the following: ``(1) In general.--If the Secretary''; (2) by striking ``(1) is not'' and inserting the following: ``(A) is not''; (3) by striking ``(2) is a result'' and inserting the following: ``(B) is a result''; (4) in the flush material following paragraph (1)(B), as redesignated by paragraph (3) of this subsection-- (A) by realigning such material so as to be indented 2 ems from the left margin; and (B) by inserting before the period at the end the following: ``, if the recipient enters into a performance agreement with the Secretary that specifies the compliance objectives that the recipient will be required to achieve by the termination date of the performance agreement''; and (5) by adding at the end the following: ``(2) Performance agreement.--The period of a performance agreement described in paragraph (1) shall be for 1 year. ``(3) Review.--Upon the termination of a performance agreement entered into under paragraph (1), the Secretary shall review the performance of the recipient that is a party to the agreement. ``(4) Effect of review.--If, on the basis of a review under paragraph (3), the Secretary determines that the recipient-- ``(A) has made a good faith effort to meet the compliance objectives specified in the agreement, the Secretary may enter into an additional performance agreement for the period specified in paragraph (2); and ``(B) has failed to make a good faith effort to meet applicable compliance objectives, the Secretary shall determine the recipient to have failed to comply substantially with this Act, and the recipient shall be subject to an action under subsection (a).''. (j) Labor Standards.--Section 104(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(b) is amended-- (1) in paragraph (1), by striking ``Davis-Bacon Act (40 U.S.C. 276a-276a-5)'' and inserting ``Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C 276a et seq.)''; and (2) by adding at the end the following new paragraph: ``(3) Application of tribal laws.--Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if such contract or agreement is otherwise covered by one or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe.''. (k) Technical and Conforming Amendments.-- (1) Table of contents.--Section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is amended in the table of contents-- (A) by striking the item relating to section 206; and (B) by striking the item relating to section 209 and inserting the following: ``209. Noncompliance with affordable housing requirement.''. (2) Certification of compliance with subsidy layering requirements.--Section 206 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4136) is repealed. (3) Terminations.--Section 502(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181(a)) is amended by adding at the end the following: ``Any housing that is the subject of a contract for tenant- based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter, be considered to be a dwelling unit under section 302(b)(1).''. Subtitle B--Native Hawaiian Housing SEC. 511. SHORT TITLE. This subtitle may be cited as the ``Hawaiian Homelands Homeownership Act of 2000''. SEC. 512. FINDINGS. The Congress finds that-- (1) the United States has undertaken a responsibility to promote the general welfare of the United States by-- (A) employing its resources to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of lower income; and (B) developing effective partnerships with governmental and private entities to accomplish the objectives referred to in subparagraph (A); (2) the United States has a special responsibility for the welfare of the Native peoples of the United States, including Native Hawaiians; (3) pursuant to the provisions of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), the United States set aside 200,000 acres of land in the Federal territory that later became the State of Hawaii in order to establish a homeland for the native people of Hawaii--Native Hawaiians; (4) despite the intent of Congress in 1920 to address the housing needs of Native Hawaiians through the enactment of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), Native Hawaiians eligible to reside on the Hawaiian home lands have been foreclosed from participating in Federal housing assistance programs available to all other eligible families in the United States; (5) although Federal housing assistance programs have been administered on a racially neutral basis in the State of Hawaii, Native Hawaiians continue to have the greatest unmet need for housing and the highest rates of overcrowding in the United States; (6) among the Native American population of the United States, Native Hawaiians experience the highest percentage of housing problems in the United States, as the percentage-- (A) of housing problems in the Native Hawaiian population is 49 percent, as compared to-- (i) 44 percent for American Indian and Alaska Native households in Indian country; and (ii) 27 percent for all other households in the United States; and (B) overcrowding in the Native Hawaiian population is 36 percent as compared to 3 percent for all other households in the United States; (7) among the Native Hawaiian population, the needs of Native Hawaiians, as that term is defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (as added by this subtitle), eligible to reside on the Hawaiian Home Lands are the most severe, as-- (A) the percentage of overcrowding in Native Hawaiian households on the Hawaiian Home Lands is 36 percent; and (B) approximately 13,000 Native Hawaiians, which constitute 95 percent of the Native Hawaiians who are eligible to reside on the Hawaiian Home Lands, are in need of housing; (8) applying the Department of Housing and Urban Development guidelines-- (A) 70.8 percent of Native Hawaiians who either reside or who are eligible to reside on the Hawaiian Home Lands have incomes that fall below the median family income; and (B) 50 percent of Native Hawaiians who either reside or who are eligible to reside on the Hawaiian Home Lands have incomes below 30 percent of the median family income; (9) \1/3\ of those Native Hawaiians who are eligible to reside on the Hawaiian Home Lands pay more than 30 percent of their income for shelter, and \1/2\ of those Native Hawaiians face overcrowding; (10) the extraordinarily severe housing needs of Native Hawaiians demonstrate that Native Hawaiians who either reside on, or are eligible to reside on, Hawaiian Home Lands have been denied equal access to Federal low-income housing assistance programs available to other qualified residents of the United States, and that a more effective means of addressing their housing needs must be authorized; (11) consistent with the recommendations of the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing, and in order to address the continuing prevalence of extraordinarily severe housing needs among Native Hawaiians who either reside or are eligible to reside on the Hawaiian Home Lands, Congress finds it necessary to extend the Federal low-income housing assistance available to American Indians and Alaska Natives under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) to those Native Hawaiians; (12) under the treatymaking power of the United States, Congress had the constitutional authority to confirm a treaty between the United States and the government that represented the Hawaiian people, and from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full diplomatic recognition to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887; (13) the United States has recognized and reaffirmed that-- (A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands; (B) Congress does not extend services to Native Hawaiians because of their race, but because of their unique status as the indigenous people of a once sovereign nation as to whom the United States has established a trust relationship; (C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the State of Hawaii; (D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and (E) the aboriginal, indigenous people of the United States have-- (i) a continuing right to autonomy in their internal affairs; and (ii) an ongoing right of self-determination and self-governance that has never been extinguished; (14) the political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States as evidenced by the inclusion of Native Hawaiians in-- (A) the Native American Programs Act of 1974 (42 U.S.C. 2291 et seq.); (B) the American Indian Religious Freedom Act (42 U.S.C. 1996 et seq.); (C) the National Museum of the American Indian Act (20 U.S.C. 80q et seq.); (D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (E) the National Historic Preservation Act (16 U.S.C. 470 et seq.); (F) the Native American Languages Act of 1992 (106 Stat. 3434); (G) the American Indian, Alaska Native and Native Hawaiian Culture and Arts Development Act (20 U.S.C. 4401 et seq.); (H) the Job Training Partnership Act (29 U.S.C. 1501 et seq.); and (I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and (15) in the area of housing, the United States has recognized and reaffirmed the political relationship with the Native Hawaiian people through-- (A) the enactment of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), which set aside approximately 200,000 acres of public lands that became known as Hawaiian Home Lands in the Territory of Hawaii that had been ceded to the United States for homesteading by Native Hawaiians in order to rehabilitate a landless and dying people; (B) the enactment of the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'', approved March 18, 1959 (73 Stat. 4)-- (i) by ceding to the State of Hawaii title to the public lands formerly held by the United States, and mandating that those lands be held in public trust, for the betterment of the conditions of Native Hawaiians, as that term is defined in section 201 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.); and (ii) by transferring the United States responsibility for the administration of Hawaiian Home Lands to the State of Hawaii, but retaining the authority to enforce the trust, including the exclusive right of the United States to consent to any actions affecting the lands which comprise the corpus of the trust and any amendments to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), enacted by the legislature of the State of Hawaii affecting the rights of beneficiaries under the Act; (C) the authorization of mortgage loans insured by the Federal Housing Administration for the purchase, construction, or refinancing of homes on Hawaiian Home Lands under the National Housing Act (Public Law 479; 73d Congress; 12 U.S.C. 1701 et seq.); (D) authorizing Native Hawaiian representation on the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing under Public Law 101-235; (E) the inclusion of Native Hawaiians in the definition under section 3764 of title 38, United States Code, applicable to subchapter V of chapter 37 of title 38, United States Code (relating to a housing loan program for Native American veterans); and (F) the enactment of the Hawaiian Home Lands Recovery Act (109 Stat. 357; 48 U.S.C. 491, note prec.)
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