[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3406 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3406

To amend the Housing and Community Development Act of 1974 to establish 
a consensus committee for development, revision, and interpretation of 
              manufactured housing construction standards.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 1996

  Mr. Roemer (for himself, Mr. Royce, Mr. Calvert, Mr. Gonzalez, Mr. 
 Heineman, Mr. Vento, Mr. Baker of California, Mr. King, Mr. Lewis of 
California, Mr. McCollum, Mr. Kanjorski, Mr. Rohrabacher, Mr. Stearns, 
   Mr. Bono, Mr. Dooley of California, Mr. Bentsen, Mr. Largent, Mr. 
    Minge, Mr. Barrett of Wisconsin, Mr. Bilirakis, and Mr. Linder) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
To amend the Housing and Community Development Act of 1974 to establish 
a consensus committee for development, revision, and interpretation of 
              manufactured housing construction standards.

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

SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``National 
Manufactured Housing Construction and Safety Standards Act of 1996''.
    (b) Reference.--Whenever in this Act an amendment is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to that section or other 
provision of the Housing and Community Development Act of 1974.

SEC. 2. STATEMENT OF PURPOSE.

    Section 602 (42 U.S.C. 5401) is amended by striking the first 
sentence and inserting the following: ``The Congress declares that the 
purposes of this title are to reduce the number of personal injuries 
and deaths and property damage resulting from manufactured home 
accidents and to establish a balanced consensus process for the 
development, revision, and interpretation of Federal construction and 
safety standards for manufactured homes.''.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 603 (42 U.S.C. 5402) is amended--
            (1) in paragraph (2), by striking ``dealer'' and inserting 
        ``retailer'';
            (2) in paragraph (12), by striking ``and'' at the end;
            (3) in paragraph (13), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(14) `consensus committee' means the committee 
        established under section 604(a)(7); and
            ``(15) `consensus standards development process' means the 
        process by which additions and revisions to the Federal 
        manufactured home construction and safety standards shall be 
        developed and recommended to the Secretary by the consensus 
        committee.''.
    (b) Conforming Amendments.--
            (1) Occurrences of ``dealer''.--The Act (42 U.S.C. 5401 et 
        seq.) is amended by striking ``dealer'' and inserting 
        ``retailer'' in each of the following provisions:
                    (A) In section 613, each place such term appears.
                    (B) In section 614(f), each place such term 
                appears.
                    (C) In section 615(b)(1).
                    (D) In section 616.
            (2) Other amendments.--The Act (42 U.S.C. 5401 et seq.) is 
        amended--
                    (A) in section 615(b)(3), by striking ``dealer or 
                dealers'' and inserting ``retailer or retailers''; and
                    (B) by striking ``dealers'' and inserting 
                ``retailers'' each place such term appears--
                            (i) in section 615(d);
                            (ii) in section 615(f); and
                            (iii) in section 623(c)(9).

SEC. 4. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS.

    Section 604 (42 U.S.C. 5403) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following new subsections:
    ``(a) Establishment.--
            ``(1) Authority.--The Secretary shall establish, by order, 
        appropriate Federal manufactured home construction and safety 
        standards. Each such Federal manufactured home standard shall 
        be reasonable and shall meet the highest standards of 
        protection, taking into account existing State and local laws 
        relating to manufactured home safety and construction. The 
        Secretary shall issue all such orders pursuant to the consensus 
        standards development process under this subsection. The 
        Secretary may issue orders which are not part of the consensus 
        standards development process only in accordance with 
        subsection (b).
            ``(2) Consensus standards development process.--Not later 
        than 180 days after the date of enactment of the National 
        Manufactured Housing Construction and Safety Standards Act of 
        1996, the Secretary shall enter into a cooperative agreement or 
        establish a relationship with a qualified technical or building 
        code organization to administer the consensus standards 
        development process and establish a consensus committee under 
        paragraph (7). Periodically, the Secretary shall review such 
        organization's performance and may replace the organization 
        upon a finding of need.
            ``(3) Revisions.--The consensus committee established under 
        paragraph (7) shall consider revisions to the Federal 
        manufactured home construction and safety standards and shall 
        submit revised standards to the Secretary at least once during 
        every 2-year period, the first such 2-year period beginning 
        upon the appointment of the consensus committee under paragraph 
        (7). Before submitting proposed revised standards to the 
        Secretary, the consensus committee shall cause the proposed 
        revised standards to be published in the Federal Register, 
        together with a description of the consensus committee's 
        considerations and decisions under subsection (e), and shall 
        provide an opportunity for public comment. Public views and 
        objections shall be presented to the consensus committee in 
        accordance with American National Standards Institute 
        procedures. After such notice and opportunity public comment, 
        the consensus committee shall cause the recommended revisions 
        to the standards and notice of its submission to the Secretary 
        to be published in the Federal Register. Such notice shall 
        describe the circumstances under which the proposed revised 
        standards could become effective.
            ``(4) Review by secretary.--The Secretary shall either 
        adopt, modify, or reject the standards submitted by the 
        consensus committee. A final order adopting the standards shall 
        be issued by the Secretary not later than 12 months after the 
        date the standards are submitted to the Secretary by the 
        consensus committee, and shall be published in the Federal 
        Register and become effective pursuant to subsection (c). If 
        the Secretary--
                    ``(A) adopts the standards recommended by the 
                consensus committee, the Secretary may issue a final 
                order directly without further rulemaking;
                    ``(B) determines that any portion of the standards 
                should be rejected because it would jeopardize health 
                or safety or is inconsistent with the purposes of this 
                title, a notice to that effect, together with this 
                reason for rejecting the proposed standard, shall be 
                published in the Federal Register no later than 12 
                months after the date the standards are submitted to 
                the Secretary by the consensus committee;
                    ``(C) determines that any portion of the standard 
                should be modified because it would jeopardize health 
                or safety or is inconsistent with the purposes of this 
                title--
                            ``(i) such determination shall be made no 
                        later that 12 months after the date the 
                        standards are submitted to the Secretary by the 
                        consensus committee;
                            ``(ii) within such 12-month period, the 
                        Secretary shall cause the proposed modified 
                        standard to be published in the Federal 
                        Register, together with an explanation of the 
                        reason for the Secretary's determination that 
                        the consensus committee recommendation needs to 
                        be modified, and shall provide an opportunity 
                        for public comment in accordance with the 
                        provisions of section 553 of title 5, United 
                        States Code; and
                            ``(iii) the final standard shall become 
                        effective pursuant to subsection (c).
            ``(5) Failure to act.--If the Secretary fails to take final 
        action under paragraph (4) and publish notice of the action in 
        the Federal Register within the 12-month period under such 
        paragraph, the recommendations of the consensus committee shall 
        be considered to have been adopted by the Secretary and shall 
        take effect upon the expiration of the 180-day period that 
        begins upon the conclusion of the 12-month period. Within 10 
        days after the expiration of the 12-month period, the Secretary 
        shall cause to be published in the Federal Register notice of 
        the Secretary's failure to act, the revised standards, and the 
        effective date of the revised standards. Such notice shall be 
        deemed an order of the Secretary approving the revised 
        standards proposed by the consensus committee.
            ``(6) Interpretive bulletins.--The Secretary may issue 
        interpretive bulletins to clarify the meaning of any Federal 
        manufactured home construction and safety standards, subject to 
        the following requirements:
                    ``(A) Review by consensus committee.--Before 
                issuing an interpretive bulletin, the Secretary shall 
                submit the proposed bulletin to the consensus committee 
                and the consensus committee shall have 90 days to 
                provide written comments thereon to the Secretary. If 
                the consensus committee fails to act or if the 
                Secretary rejects any significant views recommended by 
                the consensus committee, the Secretary shall explain in 
                writing to the consensus committee, before the bulletin 
                becomes effective, the reasons for such rejection.
                    ``(B) Proposals.--The consensus committee may, from 
                time to time, submit to the Secretary proposals for 
                interpretive bulletins under this subsection. If the 
                Secretary fails to issue or rejects a proposed bulletin 
                within 90 days of its receipt, the Secretary shall be 
                considered to have approved the proposed bulletin and 
                shall immediately issue the bulletin.
                    ``(C) Effect.--Interpretative bulletins issued 
                under this paragraph shall become binding without 
                rulemaking.
            ``(7) Consensus committee.--
                    ``(A) Purpose.--The consensus committee referred to 
                in paragraph (2) shall have as its purpose providing 
                periodic recommendations to the Secretary to revise and 
                interpret the Federal manufactured home construction 
                and safety standards and carrying out such other 
                functions assigned to the committee under this title. 
                The committee shall be organized and carry out its 
                business in a manner that guarantees a fair opportunity 
                for the expression and consideration of various 
                positions.
                    ``(B) Membership.--The consensus committee shall be 
                composed of 25 members who shall be appointed as 
                follows:
                            ``(i) Appointment by process 
                        administrator.--Members shall be appointed by 
                        the qualified technical or building code 
                        organization that administers the consensus 
                        standards development process pursuant to 
                        paragraph (2), subject to the approval of the 
                        Secretary.
                            ``(ii) Balanced membership.--Members shall 
                        be appointed in a manner designed to include 
                        all interested parties without domination by 
                        any single interest category.
                            ``(iii) Selection procedures and 
                        requirements.--Members shall be appointed in 
                        accordance with selection procedures for 
                        consensus committees promulgated by the 
                        American National Standards Institute, except 
                        that the American National Standards Institute 
                        interest categories shall be modified to ensure 
                        representation on the committee by individuals 
                        representing the following fields, in equal 
                        numbers under each of the following subclauses:
                                    ``(I) Manufacturers.
                                    ``(II) Retailers, insurers, 
                                suppliers, lenders, community owners 
                                and private inspection agencies which 
                                have a financial interest in the 
                                industry.
                                    ``(III) Homeowners and consumer 
                                representatives.
                                    ``(IV) Public officials, such as 
                                those from State or local building code 
                                enforcement and inspection agencies.
                                    ``(V) General interest, including 
                                academicians, researchers, architects, 
                                engineers, private inspection agencies, 
                                and others.
                        Members of the consensus committee shall be 
                        qualified by background and experience to 
participate in the work of the committee, but members by reason of 
subclauses (III), (IV), and (V), except the private inspection 
agencies, may not have a financial interest in the manufactured home 
industry, unless such bar to participation is waived by the Secretary. 
The number of members by reason of subclause (V) who represent private 
inspection agencies may not constitute more than 20 percent of the 
total number of members by reason of subclause (V). Notwithstanding any 
other provision of this paragraph, the Secretary shall appoint a member 
of the consensus committee, who shall not have voting privileges.
                    ``(C) Meetings.--The consensus committee shall 
                cause advance notice of all meetings to be published in 
                the Federal Register and all meetings of the committee 
                shall be open to the public.
                    ``(D) Authority.--Sections 203, 205, 207, and 208 
                of title 18, United States Code, shall not apply to the 
                members of the consensus committee. Members shall not 
                be considered to be special government employees for 
                purposes of part 2634 of title 5, Code of Federal 
                Regulations. The consensus committee shall not be 
                considered an advisory committee for purposes of the 
                Federal Advisory Committee Act.
                    ``(E) Administration.--The consensus committee and 
                the administering organization shall operate in 
                conformance with American National Standards Institute 
                procedures for the development and coordination of 
                American National Standards and shall apply to such 
                Institute to obtain accreditation.
                    ``(F) Staff.--The consensus committee shall be 
                provided reasonable staff resources by the 
                administering organization. Upon a showing of need and 
                subject to the approval of the Secretary, the 
                administering organization shall furnish technical 
                support to any of the various interest categories on 
                the consensus committee.
    ``(b) Other Orders.--The Secretary may issue orders that are not 
developed under the procedures set forth in subsection (a) in order to 
respond to an emergency health or safety issue, or to address issues on 
which the Secretary determines the consensus committee will not make 
timely recommendations, but only if the proposed order is first 
submitted by the Secretary to the consensus committee for review and 
the committee is afforded 90 days to provide its views on the proposed 
order to the Secretary. If the consensus committee fails to act within 
such period or if the Secretary rejects any significant change 
recommended by the consensus committee, the public notice of the order 
shall include an explanation of the reasons for the Secretary's action. 
The Secretary may issue such orders only in accordance with the 
provisions of section 553 of title 5, United States Code.'';
            (2) by striking subsection (e);
            (3) in subsection (f), by striking the matter preceding 
        paragraph (1) and inserting the following:
    ``(e) Considerations in Establishing and Interpreting Standards.--
The consensus committee, in recommending standards and interpretations, 
and the Secretary, in establishing standards or issuing interpretations 
under this section, shall--'';
            (4) by striking subsection (g);
            (5) in the first sentence of subsection (j), by striking 
        ``subsection (f)'' and inserting ``subsection (e)''; and
            (6) by redesignating subsections (h), (i), and (j) as 
        subsections (f), (g), and (h), respectively.

SEC. 5. ABOLISHMENT OF NATIONAL MANUFACTURED HOME ADVISORY COUNCIL.

    Section 605 (42 U.S.C. 5404) is hereby repealed.

SEC. 6. PUBLIC INFORMATION.

    Section 607 (42 U.S.C. 5406) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``to the Secretary'' after 
                ``submit''; and
                    (B) by adding at the end the following new 
                sentence: ``Such cost and other information shall be 
                submitted to the consensus committee by the Secretary 
                for its evaluation.'';
            (2) in subsection (d), by inserting ``, the consensus 
        committee,'' after ``public,''; and
            (3) by striking subsection (c) and redesignating 
        subsections (d) and (e) as subsections (c) and (d), 
        respectively.

SEC. 7. INSPECTION FEES.

    Section 620 (42 U.S.C. 5419) is amended to read as follows:
    ``Sec. 620. (a) Authority To Establish Fees.--In carrying out the 
inspections required under this title and in developing standards 
pursuant to section 604, the Secretary may establish and impose on 
manufactured home manufacturers, distributors, and retailers such 
reasonable fees as may be necessary to offset the expenses incurred by 
the Secretary in conducting such inspections and administering the 
consensus standards development process and for developing standards 
pursuant to section 604(b), and the Secretary may use any fees so 
collected to pay expenses incurred in connection therewith. Such fees 
shall only be modified pursuant to rulemaking in accordance with the 
provisions of section 553 of title 5, United States Code.
    ``(b) Deposit of Fees.--Fees collected pursuant to this title shall 
be deposited in a fund, which is hereby established in the Treasury for 
deposit of such fees. Amounts in the fund are hereby available for use 
by the Secretary pursuant to subsection (a). The use of these fees by 
the Secretary shall not be subject to general or specific limitations 
on appropriated funds unless use of these fees is specifically 
addressed in any future appropriations legislation. The Secretary shall 
provide an annual report to Congress indicating expenditures under this 
section. The Secretary shall also make available to the public, in 
accordance with all applicable disclosure laws, regulations, orders, 
and directives, information pertaining to such funds, including 
information pertaining to amounts collected, amounts disbursed, and the 
fund balance.''.

SEC. 8. ELIMINATION OF ANNUAL REPORT REQUIREMENT.

    Section 626 (42 U.S.C. 5425) is hereby repealed.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
enactment, except that the amendments shall have no effect on any order 
or interpretative bulletin that is published as a proposed rule 
pursuant to the provisions of section 553 of title 5, United States 
Code, on or before that date.
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