[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2145 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2145

 To modernize the requirements under the National Manufactured Housing 
   Construction and Safety Standards Act of 1974 and to establish a 
     balanced consensus process for the development, revision, and 
    interpretation of Federal construction and safety standards for 
                          manufactured homes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1998

   Mr. Shelby (for himself, Mr. Rockefeller, and Ms. Moseley-Braun) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To modernize the requirements under the National Manufactured Housing 
   Construction and Safety Standards Act of 1974 and to establish a 
     balanced consensus process for the development, revision, and 
    interpretation of Federal construction and safety standards for 
                          manufactured homes.

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Manufactured 
Housing Improvement Act''.
    (b) References.--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 National Manufactured Housing Construction and Safety 
Standards Act of 1974 (42 U.S.C. 5401 et seq.).

SEC. 2. FINDINGS AND PURPOSES.

    Section 602 (42 U.S.C. 5401) is amended to read as follows:

``SEC. 602. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) manufactured housing plays a vital role in meeting 
        the housing needs of the Nation; and
            ``(2) manufactured homes provide a significant resource for 
        affordable home ownership and rental housing accessible to all 
        Americans.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to promote the quality, durability, safety, and 
        affordability of manufactured housing;
            ``(2) to promote the availability of affordable 
        manufactured homes and to increase homeownership for all 
        Americans;
            ``(3) to provide for the establishment of practical, 
        uniform, and, to the extent possible, performance-based Federal 
        construction standards;
            ``(4) to encourage innovative and cost-effective 
        construction techniques;
            ``(5) to protect manufactured homeowners from unreasonable 
        risk of personal injury and property damage;
            ``(6) to establish a balanced consensus process for the 
        development, revision, and interpretation of Federal 
        construction and safety standards for manufactured homes and 
        related regulations for the enforcement of such standards;
            ``(7) to ensure uniform and effective enforcement of 
        Federal construction and safety standards for manufactured 
        homes; and
            ``(8) to ensure that the public interest in, and need for, 
        affordable manufactured housing is duly considered in all 
        determinations relating to the Federal standards and their 
        enforcement.''.

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:
            ``(14) `administering organization' means the qualified 
        technical or building code organization that administers the 
        consensus development process, which--
                    ``(A) with respect to the period during which the 
                agreement under section 604(a)(2)(A) is in force, shall 
                be the Council of American Building Officials; and
                    ``(B) with respect to the period during which a 
                competitively procured contract under section 
                604(a)(2)(B) is in force, shall be the organization 
                selected by the Secretary;
            ``(15) `consensus committee' means the committee 
        established under section 604(a)(3);
            ``(16) `consensus standards development process' means the 
        process by which additions, revisions, and interpretations to 
        the Federal manufactured home construction and safety standards 
        and enforcement regulations are developed and recommended to 
        the Secretary by the consensus committee;
            ``(17) `primary inspection agency' means a State agency or 
        private organization that has been approved by the Secretary to 
        act as a design approval primary inspection agency or a 
        production inspection primary inspection agency, or both;
            ``(18) `design approval primary inspection agency' means a 
        State agency or private organization that has been approved by 
        the Secretary to evaluate and either approve or disapprove 
        manufactured home designs and quality control procedures;
            ``(19) `production inspection primary inspection agency' 
        means a State agency or private organization that has been 
        approved by the Secretary to evaluate the ability of 
        manufactured home manufacturing plants to comply with approved 
        quality control procedures and with the Federal manufactured 
        home construction and safety standards promulgated hereunder; 
        and
            ``(20) `monitoring'--
                    ``(A) means the process of periodic review of the 
                primary inspection agencies, by the Secretary or by a 
                State agency under an approved State plan pursuant to 
                section 623, in accordance with regulations adopted by 
                the consensus committee and promulgated in accordance 
                with section 604(a)(4)(B), which process shall be for 
                the purpose of ensuring that the primary inspection 
                agencies are discharging their duties under this title; 
                and
                    ``(B) may include the periodic inspection of retail 
                locations for transit damage and label tampering.''.
    (b) Conforming Amendments.--The National Manufactured Housing 
Construction and Safety Standards Act of 1974 is amended--
            (1) in section 613 (42 U.S.C. 5412), by striking ``dealer'' 
        each place it appears and inserting ``retailer'';
            (2) in section 614(f) (42 U.S.C. 5413(f)), by striking 
        ``dealer'' each place it appears and inserting ``retailer'';
            (3) in section 615 (42 U.S.C. 5414)--
                    (A) in subsection (b)(1), by striking ``dealer'' 
                and inserting ``retailer'';
                    (B) in subsection (b)(3), by striking ``dealer or 
                dealers'' and inserting ``retailer or retailers''; and
                    (C) in each of subsections (d) and (f), by striking 
                ``dealers'' each place it appears and inserting 
                ``retailers'';
            (4) in section 616 (42 U.S.C. 5415), by striking ``dealer'' 
        and inserting ``retailer''; and
            (5) in section 623(c)(9), by striking ``dealers'' and 
        inserting ``retailers''.

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

    Section 604 (42 U.S.C. 5304) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Establishment.--
            ``(1) Authority.--The Secretary shall establish, by order, 
        appropriate Federal manufactured home construction and safety 
        standards, each of which--
                    ``(A) shall--
                            ``(i) be reasonable and practical;
                            ``(ii) meet high standards of protection 
                        consistent with the enumerated purposes of this 
                        title; and
                            ``(iii) as appropriate, be performance-
                        based and stated objectively; and
                    ``(B) except as provided in subsection (b), shall 
                be established in accordance with the consensus 
                standards development process.
            ``(2) Consensus standards and regulatory development 
        process.--
                    ``(A) Initial agreement.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of the Manufactured 
                        Housing Improvement Act, the Secretary shall 
                        request the Council of American Building 
                        Officials (or the successor organization to 
                        such Council) to, and if such organization 
                        consents, enter into an agreement, which 
                        shall--
                                    ``(I) terminate on the date on 
                                which a contract is entered into under 
                                subparagraph (B); and
                                    ``(II) require the Council of 
                                American Building Officials to--
                                            ``(aa) appoint the initial 
                                        members of the consensus 
                                        committee under paragraph (3);
                                            ``(bb) administer the 
                                        consensus standards development 
                                        process until the termination 
                                        of that agreement; and
                                            ``(cc) administer the 
                                        consensus development and 
                                        interpretation process for 
                                        procedural and enforcement 
                                        regulations and regulations 
                                        specifying the permissible 
                                        scope and conduct of monitoring 
                                        until the termination of that 
                                        agreement.
                            ``(ii) Duty of secretary.--If the Council 
                        of American Building Officials (or the 
                        successor organization to such Council) 
                        declines to enter into the agreement as 
                        provided in clause (i), the Secretary shall 
                        enter into the agreement under this 
                        subparagraph with an organization described in 
                        subparagraph (B).
                    ``(B) Competitively procured contract.--Upon the 
                expiration of the 4-year period beginning on the date 
                on which all members of the consensus committee are 
                appointed under paragraph (3), the Secretary shall, 
                using competitive procedures (as defined in section 4 
                of the Office of Federal Procurement Policy Act), enter 
                into a competitively awarded contract with a qualified 
                technical or building code organization (which may be 
                the Council of American Building Officials) under which 
                that organization shall administer the consensus 
                process for the development and interpretation of the 
                Federal standards, the procedural and enforcement 
                regulations and regulations specifying the permissible 
                scope and conduct of monitoring in accordance with this 
                title.
                    ``(C) Performance review.--The Secretary--
                            ``(i) shall periodically review the 
                        performance of the administering organization; 
                        and
                            ``(ii) may replace the administering 
                        organization with another qualified technical 
                        or building code organization, pursuant to 
                        competitive procedures, if the Secretary 
                        determines in writing that the administering 
                        organization is not fulfilling the terms of the 
                        agreement or contract to which the 
                        administering organization is subject or upon 
                        the expiration of the agreement or contract.
            ``(3) Consensus committee.--
                    ``(A) Purpose.--There is established a committee to 
                be known as the `consensus committee', which shall, in 
                accordance with this title--
                            ``(i) provide periodic recommendations to 
                        the Secretary to adopt, revise, and interpret 
                        the Federal manufactured housing construction 
                        and safety standards in accordance with this 
                        subsection;
                            ``(ii) provide periodic recommendations to 
                        the Secretary to adopt, revise, and interpret 
                        the procedural and enforcement regulations, 
                        including regulations specifying the 
                        permissible scope and conduct of monitoring in 
                        accordance with this subsection; and
                            ``(iii) be organized and carry out its 
                        business in a manner that guarantees a fair 
                        opportunity for the expression and 
                        consideration of various positions and for 
                        public participation.
                    ``(B) Membership.--The consensus committee shall be 
                composed of--
                            ``(i) 25 voting members appointed, subject 
                        to approval by the Secretary, by the 
                        administering organization from among 
                        individuals who are qualified by background and 
                        experience to participate in the work of the 
                        consensus committee; and
                            ``(ii) 1 member appointed by the Secretary 
                        to represent the Secretary on the consensus 
                        committee, who shall be a nonvoting member.
                    ``(C) Disapproval.--The Secretary may disapprove 
                the appointment of an individual under subparagraph 
                (B)(i) only if the Secretary makes a finding, in 
                writing, that--
                            ``(i) the appointment was not made in 
                        accordance with subparagraph (D); or
                            ``(ii) either--
                                    ``(I) the individual is not 
                                qualified to represent the interest 
                                category referred to in subparagraph 
                                (D) for which the individual has been 
                                appointed; or
                                    ``(II) a member appointed under 
                                clause (iii), (iv), or (v) of 
                                subparagraph (D) fails to meet the 
                                requirements of subparagraph (E).
                    ``(D) Selection procedures and requirements.--Each 
                member of the consensus committee shall be appointed in 
                accordance with the selection procedures, which shall 
                be established by the Secretary and which shall be 
                based on the procedures for consensus committees 
                promulgated by the American National Standards 
                Institute (or successor organization), except that the 
                American National Standards Institute interest 
                categories shall be modified for purposes of this 
                paragraph to ensure equal representation on the 
                consensus committee of the following interest 
                categories:
                            ``(i) Manufacturers.
                            ``(ii) Retailers, insurers, suppliers, 
                        lenders, community owners, and private 
                        inspection agencies that have a financial 
                        interest in the manufactured housing industry.
                            ``(iii) Homeowners and consumer 
                        representatives.
                            ``(iv) Public officials, including those 
                        from State agencies or local building code 
                        enforcement and inspection agencies.
                            ``(v) General interest groups, including 
                        academicians, researchers, architects, 
                        engineers, private inspection agencies, and 
                        others.
                    ``(E) Additional qualifications.--
                            ``(i) Financial interest.--No member 
                        appointed under clause (iii), (iv), or (v) of 
                        subparagraph (D) may have a significant 
                        financial interest in the manufactured housing 
                        industry, unless--
                                    ``(I) such member is a private 
                                inspection agency; or
                                    ``(II) such bar to participation is 
                                waived by the Secretary in writing.
                            ``(ii) Limitation on private inspection 
                        agencies.--The number of members appointed 
                        under subparagraph (D)(v) who represent private 
                        inspection agencies shall not constitute more 
                        than 20 percent of the total number of members 
                        appointed under subparagraph (D)(v).
                    ``(F) Meetings.--The consensus committee shall 
                provide advance notice of each meeting of the consensus 
                committee to the Secretary and publish advance notice 
                of each such meeting in the Federal Register. All 
                meetings of the consensus committee shall be open to 
                the public.
                    ``(G) Inapplicability of other laws.--
                            ``(i) Advisory committee act.--The 
                        consensus committee shall not be considered to 
                        be an advisory committee for purposes of the 
                        Federal Advisory Committee Act.
                            ``(ii) Title 18.--The members of the 
                        consensus committee shall not be subject to 
                        section 203, 205, 207, or 208 of title 18, 
                        United States Code, to the extent of their 
                        proper participation as members of the 
                        consensus committee.
                            ``(iii) Ethics in government act of 1978.--
                        The Ethics in Government Act of 1978 shall not 
                        apply to members of the consensus committee to 
                        the extent of their proper participation as 
                        members of the consensus committee.
                    ``(H) Administration.--The consensus committee and 
                the administering organization shall--
                            ``(i) operate in conformance with the 
                        procedures established by the American National 
                        Standards Institute for the development and 
                        coordination of American National Standards; 
                        and
                            ``(ii) apply to the American National 
                        Standards Institute and take such other actions 
                        as may be necessary to obtain accreditation 
                        from the American National Standards Institute.
                    ``(I) Staff.--The administering organization shall, 
                upon the request of the consensus committee, provide 
                reasonable staff resources to the consensus committee.
                    ``(J) Date of initial appointments.--The initial 
                appointments of all of the members of the consensus 
                committee shall be completed not later than 90 days 
                after the date on which an administration agreement 
                under paragraph (2)(A) is completed with the Council of 
                American Building Officials.
            ``(4) Revisions.--
                    ``(A) In general.--Beginning on the date on which 
                all initial members of the consensus committee are 
                appointed under paragraph (3), the consensus committee 
                shall, not less than once during each 2-year period--
                            ``(i) consider revisions to the Federal 
                        manufactured home construction and safety 
                        standards and procedural and enforcement 
                        regulations (including the adoption of 
                        regulations specifying the permissible scope 
                        and conduct of monitoring); and
                            ``(ii) submit proposed revised standards 
                        and regulations to the Secretary.
                    ``(B) Publication of proposed revised standards and 
                regulations.--Before submitting any proposed revised 
                standard or regulation under subparagraph (A)(ii), the 
                consensus committee shall--
                            ``(i) publish in the Federal Register a 
                        notice of the proposed revised standard or 
                        regulation and a description of the 
                        considerations and decisions of the consensus 
                        committee under subsection (e); and
                            ``(ii) provide an opportunity for public 
                        comment on such proposed revised standard or 
                        regulation.
                    ``(C) Presentation of public comments.--Any public 
                comments, views, and objections to a proposed revised 
                standard or regulation published under subparagraph (B) 
                shall be presented to the consensus committee in 
                accordance with procedures established by the American 
                National Standards Institute. The consensus committee 
                shall publish in the Federal Register a notice of the 
                recommended revisions of the consensus committee to the 
                standard or regulation, a notice of the submission of 
                the recommended revisions to the Secretary, and a 
description of the circumstances under which the proposed revised 
standards or regulations could become effective.
            ``(5) Review by the secretary.--
                    ``(A) In general.--The Secretary shall either 
                adopt, modify, or reject a standard or regulation, as 
                submitted by the consensus committee under paragraph 
                (4)(A).
                    ``(B) Timing.--Not later than 12 months after the 
                date on which a standard or regulation is submitted to 
                the Secretary by the consensus committee, the Secretary 
                shall take action regarding such standard or regulation 
                under subparagraph (C).
                    ``(C) Procedures.--If the Secretary--
                            ``(i) adopts a standard or regulation 
                        recommended by the consensus committee, the 
                        Secretary shall--
                                    ``(I) issue a final order without 
                                further rulemaking; and
                                    ``(II) cause the final order to be 
                                published in the Federal Register;
                            ``(ii) determines that any standard or 
                        regulation should be rejected because the 
                        implementation of such standard or regulation 
                        would jeopardize public health or safety or is 
                        inconsistent with the purposes of this title, 
                        the Secretary shall--
                                    ``(I) reject the standard or 
                                regulation; and
                                    ``(II) publish in the Federal 
                                Register a notice to that effect, 
                                together with the reason or reasons for 
                                rejecting the proposed standard or 
                                regulation; or
                            ``(iii) determines that a standard or 
                        regulation recommended by the consensus 
                        committee should be modified because the 
                        implementation of such standard or regulation 
                        would jeopardize public health or safety or is 
                        inconsistent with the purposes of this title, 
                        the Secretary shall--
                                    ``(I) cause the proposed modified 
                                standard or regulation to be published 
                                in the Federal Register, together with 
                                an explanation of the reason or reasons 
                                for the determination of the Secretary; 
                                and
                                    ``(II) provide an opportunity for 
                                public comment in accordance with 
                                section 553 of title 5, United States 
                                Code.
                    ``(D) Final order.--Any final standard or 
                regulation under this paragraph shall become effective 
                pursuant to subsection (c).
            ``(6) Failure to act.--If the Secretary fails to take final 
        action under paragraph (5) and to publish notice of the action 
        in the Federal Register before the expiration of the 12-month 
        period beginning on the date on which the proposed standard or 
        regulation is submitted to the Secretary under paragraph 
        (4)(A)--
                    ``(A) the recommendations of the consensus 
                committee--
                            ``(i) shall be considered to have been 
                        adopted by the Secretary; and
                            ``(ii) shall take effect upon the 
                        expiration of the 180-day period that begins 
                        upon the conclusion of such 12-month period; 
                        and
                    ``(B) not later than 10 days after the expiration 
                of such 12-month period, the Secretary shall publish in 
                the Federal Register a notice of the failure of the 
                Secretary to act, the revised standard or regulation, 
                and the effective date of the revised standard or 
                regulation, which notice shall be deemed to be an order 
                of the Secretary approving the revised standards or 
                regulations proposed by the consensus committee.
            ``(7) Interpretive bulletins.--The Secretary may issue 
        interpretive bulletins to clarify the meaning of any Federal 
        manufactured home construction and safety standard or 
        procedural and enforcement regulation, subject to the following 
        requirements:
                    ``(A) Review by consensus committee.--Before 
                issuing an interpretive bulletin--
                            ``(i) the Secretary shall--
                                    ``(I) submit the proposed bulletin 
                                to the consensus committee; and
                                    ``(II) provide the consensus 
                                committee with a period of 90 days to 
                                provide written comments on the 
                                proposed bulletin to the Secretary;
                            ``(ii) if the consensus committee fails to 
                        provide written comments before the expiration 
                        of the 90-day period described in clause (i), 
                        or concurs with the interpretive bulletin 
                        submitted under clause (i)(I), the Secretary 
may issue the interpretive bulletin immediately; and
                            ``(iii) if the Secretary rejects any 
                        significant comment provided by the consensus 
                        committee under clause (i), the Secretary 
                        shall--
                                    ``(I) provide a written explanation 
                                of the reasons for the rejection to the 
                                consensus committee;
                                    ``(II) cause the proposed bulletin 
                                and the consensus committee's written 
                                comments to be published in the Federal 
                                Register; and
                                    ``(III) provide an opportunity for 
                                public comment in accordance with 
                                section 553 of title 5, United States 
                                Code.
                    ``(B) Proposals.--
                            ``(i) In general.--The consensus committee 
                        may submit to the Secretary a proposed 
                        interpretive bulletin under this paragraph.
                            ``(ii) Automatic approval.--If the 
                        Secretary fails to issue or reject a proposed 
                        interpretive bulletin submitted under clause 
                        (i) before the expiration of the 90-day period 
                        beginning on the date on which the bulletin is 
                        submitted to the Secretary under clause (i), 
                        the Secretary shall--
                                    ``(I) be considered to have 
                                approved the bulletin; and
                                    ``(II) immediately issue the 
                                bulletin.
    ``(b) Other Orders.--
            ``(1) In general.--If the Secretary determines, in writing, 
        that such action is necessary in order to respond to a public 
        health or safety emergency, or to address an issue on which the 
        Secretary determines the consensus committee will not make a 
        timely recommendation, the Secretary may issue an order that is 
        not developed under the procedures set forth in subsection (a), 
        if the Secretary--
                    ``(A) first submits the proposed order to the 
                consensus committee for review; and
                    ``(B) in the case of an order addressing an issue 
                on which the Secretary determines that the consensus 
                committee will not make a timely recommendation, 
                affords the consensus committee 90 days to provide the 
                views of the consensus committee on the proposed order 
                to the Secretary.
            ``(2) Explanation required.--If the consensus committee 
        fails to act before the expiration of the 90-day period 
        described in paragraph (1)(B) or if the Secretary rejects any 
        significant change recommended by the consensus committee under 
        such paragraph, the public notice of an order issued under 
        paragraph (1) shall include an explanation of the reasons for 
        such failure or rejection.
            ``(3) Rulemaking procedures.--The Secretary may issue an 
        order under this subsection only in accordance with section 553 
        of title 5, United States Code.'';
            (2) in subsection (d), by adding at the end the following: 
        ``Federal preemption under this subsection shall be broadly and 
        liberally construed. It shall be the duty of the Secretary to 
        ensure that disparate State or local requirements or standards 
        do not affect the uniformity and comprehensiveness of the 
        standards promulgated hereunder. Nothing in the preceding 
        sentence shall affect any person's right to enforce this 
        subsection in any court of competent jurisdiction. There is 
        reserved to each State the right to establish standards for the 
        installation of manufactured homes sited within that State and 
        the right to enforce compliance with such standards, except 
        that such standards shall be consistent with the purposes of 
        this title and with the applicable manufacturers' installation 
        instructions.'';
            (3) by striking subsection (e);
            (4) in subsection (f), by striking the matter preceding 
        paragraph (1) and inserting the following:
    ``(e) Considerations in Establishing and Interpreting Standards and 
Regulations.--The consensus committee, in recommending standards, 
regulations, and interpretations, and the Secretary, in establishing 
standards or regulations, or issuing interpretations under this 
section, shall--'';
            (5) by striking subsection (g);
            (6) in the first sentence of subsection (j), by striking 
        ``subsection (f)'' and inserting ``subsection (e)''; and
            (7) 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 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: ``The 
                Secretary shall submit such cost and other information 
                to the consensus committee for 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. FEES.

    Section 620 (42 U.S.C. 5419) is amended to read as follows:

``SEC. 620. AUTHORITY TO ESTABLISH FEES.

    ``(a) In General.--In carrying out inspections under this title, in 
developing standards and regulations pursuant to section 604, and in 
promoting the affordability and availability of manufactured housing, 
the Secretary may--
            ``(1) establish and collect from manufactured home 
        manufacturers, distributors, and retailers such reasonable fees 
        as may be necessary to offset the expenses incurred by the 
        Secretary in connection with--
                    ``(A) conducting inspections, including inspections 
                by States acting pursuant to an approved State plan 
                under section 623;
                    ``(B) administering the consensus committee as set 
                forth in section 604;
                    ``(C) providing the funding for a noncareer 
                administrator and Federal staff personnel for the 
                manufactured housing program; and
                    ``(D) promoting the availability of affordable 
                manufactured homes to increase homeownership for all 
                Americans; and
            ``(2) use any fees collected under paragraph (1) to pay 
        expenses referred to in subparagraphs (A), (B), (C), and (D) of 
        paragraph (1), which shall be exempt and separate from any 
        limitations on the Department of Housing and Urban Development 
        regarding full-time equivalent positions and travel.
    ``(b) Prohibited Use.--Neither the Secretary, an agent of the 
Secretary, or the States under section 623 of this title may use any 
fees collected under subsection (a) for any purpose or activity not 
specifically authorized by this title.
    ``(c) Modification.--Any fee established by the Secretary under 
this section shall only be modified pursuant to rulemaking in 
accordance with section 553 of title 5, United States Code.
    ``(d) Appropriation and Deposit of Fees.--
            ``(1) In general.--There is established in the Treasury of 
        the United States a fund to be known as the `Manufactured 
        Housing Fees Fund' for deposit of all fees collected pursuant 
        to subsection (a).
            ``(2) Appropriation.--Fees deposited in the fund 
        established under subsection (a) shall be available for 
        expenditure only to the extent as approved in an annual 
        appropriations Act.''.

SEC. 8. ELIMINATION OF ANNUAL REPORT REQUIREMENT.

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 is amended--
            (1) by striking section 626 (42 U.S.C. 5425); and
            (2) by redesignating sections 627 and 628 (42 U.S.C. 5426, 
        5401 note) as sections 626 and 627, respectively.

SEC. 9. EFFECTIVE DATE.

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

SEC. 10. SAVINGS PROVISION.

    The Federal manufactured home construction and safety standards (as 
defined in section 603 of the National Manufactured Housing 
Construction and Safety Standards Act of 1974) in effect immediately 
before the date of enactment of this Act shall apply until the 
effective date of the Federal manufactured home construction and safety 
standards promulgated under subsection (a) or (b) of section 604 of the 
National Manufactured Housing Construction and Safety Standards Act of 
1974, as amended by this Act.
                                 <all>