[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 710 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 710

 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 HOUSE OF REPRESENTATIVES

                           February 11, 1999

  Mr. Lazio (for himself, Ms. Hooley of Oregon, Mr. Ney, Mr. Jones of 
 North Carolina, Mr. Goode, Mr. McIntosh, Mr. Roemer, Mr. Calvert, and 
Mr. Etheridge) introduced the following bill; which was referred to the 
              Committee on Banking and Financial Services

_______________________________________________________________________

                                 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 AND 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:

                        ``findings and purposes

    ``Sec. 602. (a) Findings.--The 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 homeownership and rental housing accessible to all 
        Americans.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to facilitate the acceptance of the quality, 
        durability, safety, and affordability of manufactured housing 
        within the Department of Housing and Urban Development;
            ``(2) to facilitate 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 owners of manufactured homes 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 new paragraphs:
            ``(14) `administering organization' means the recognized, 
        voluntary, private sector, consensus standards body with 
        specific experience in developing model residential building 
        codes and standards involving all disciplines regarding 
        construction and safety that administers the consensus 
        standards development process;
            ``(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 shall be 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 recommended 
                by the consensus committee and promulgated in 
                accordance with section 604(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, label tampering, and 
                retailer compliance with this title.''.
    (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 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. 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 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) where appropriate, be performance-
                        based and objectively stated; 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.--Not later than 180 days 
                after the date of enactment of the Manufactured Housing 
                Improvement Act, the Secretary shall enter into a 
                contract with an administering organization. The 
                contractual agreement shall--
                            ``(i) terminate on the date on which a 
                        contract is entered into under subparagraph 
                        (B); and
                            ``(ii) require the administering 
                        organization to--
                                    ``(I) appoint the initial members 
                                of the consensus committee under 
                                paragraph (3);
                                    ``(II) administer the consensus 
                                standards development process until the 
                                termination of that agreement; and
                                    ``(III) 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.
                    ``(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 such term is defined 
                in section 4 of the Office of Federal Procurement 
                Policy Act), enter into a competitively awarded 
                contract with an administering organization. The 
                administering 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, 
                in writing with the reasons set forth, the appointment 
of an individual under subparagraph (B)(i).
                    ``(D) Selection procedures and requirements.--Each 
                member 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) Home producers.--Five persons 
                        representing manufacturers of manufactured 
                        homes.
                            ``(ii) Other business interests.--Five 
                        persons representing other business interests 
                        involved in the manufactured housing industry 
                        such as retailers, installers, lenders, 
                        insurers, suppliers of products, and community 
                        owners. The business interests represented in 
                        this category shall not be owned or controlled 
                        by manufacturers represented under clause (i).
                            ``(iii) Consumers.--Five persons 
                        representing homeowners and consumer interests, 
                        such as consumer organizations, community 
                        organizations, recognized consumer leaders, and 
                        owners and occupants of manufactured homes.
                            ``(iv) Public officials.--Five persons who 
                        are State or local officials such as building 
                        code enforcement or inspection officials, fire 
                        marshals, and including representatives of 
                        State administrative agencies.
                            ``(v) General interest.--Five persons 
                        representing the public such as architects, 
                        engineers, homebuilders, academicians, and 
                        developers.
                    ``(E) Additional qualifications.--An individual 
                appointed under clause (iii), (iv), or (v) of 
                subparagraph (D) shall not have--
                            ``(i) a significant financial interest in 
                        any segment of the manufactured housing 
                        industry; or
                            ``(ii) a significant relationship to any 
                        person engaged in the manufactured housing 
                        industry.
                    ``(F) Meetings.--
                            ``(i) Notice; open to public.--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.
                            ``(ii) Reimbursement.--Members of the 
                        consensus committee in attendance at the 
                        meetings shall be reimbursed for their actual 
                        expenses as authorized by section 5703 of title 
                        5, United States Code, for persons employed 
                        intermittently in Government service.
                    ``(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. 
                Upon a showing of need, the Secretary shall furnish 
                technical support to any of the various interest 
                categories on 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 
                administering organization.
            ``(4) Revisions of standards.--
                    ``(A) In general.--Beginning on the date on which 
                all 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
                            ``(ii) submit proposed revised standards 
                        and regulations to the Secretary in the form of 
                        a proposed rule, including an economic 
                        analysis.
                    ``(B) Publication of proposed revised standards.--
                            ``(i) Publication by secretary.--The 
                        consensus committee shall provide a proposed 
                        revised standard under subparagraph (A)(ii) to 
                        the Secretary who shall, not later than 30 days 
                        after receipt, publish such proposed revised 
                        standard in the Federal Register for notice and 
                        comment. Unless clause (ii) applies, the 
                        Secretary shall provide an opportunity for 
                        public comment on such proposed revised 
                        standard and any such comments shall be 
                        submitted directly to the consensus committee 
                        without delay.
                            ``(ii) Publication of rejected proposed 
                        revised standard.--If the Secretary rejects the 
                        proposed revised standard, the Secretary shall 
                        publish the rejected proposed revised standard 
                        in the Federal Register with the reasons for 
                        rejection and any recommended modifications set 
                        forth.
                    ``(C) Presentation of public comments; publication 
                of recommended revisions.--
                            ``(i) Presentation.--Any public comments, 
                        views, and objections to a proposed revised 
                        standard published under subparagraph (B) shall 
                        be presented by the Secretary to the consensus 
                        committee upon their receipt and in the manner 
                        received, in accordance with procedures 
                        established by the American National Standards 
                        Institute.
                            ``(ii) Publication by the secretary.--The 
                        consensus committee shall provide to the 
                        Secretary any revisions proposed by the 
                        consensus committee, which the Secretary shall, 
                        not later than 7 calendar days after receipt, 
                        cause to be published in the Federal Register 
                        as a notice of the recommended revisions of the 
                        consensus committee to the standard, a notice 
                        of the submission of the recommended revisions 
                        to the Secretary, and a description of the 
                        circumstances under which the proposed revised 
                        standards could become effective.
                            ``(iii) Publication of rejected proposed 
                        revised standard.--If the Secretary rejects the 
                        proposed revised standard, the Secretary shall 
                        publish the rejected proposed revised standard 
                        in the Federal Register with the reasons for 
                        rejection and any recommended modifications set 
                        forth.
            ``(5) Review by the secretary.--
                    ``(A) In general.--The Secretary shall either 
                adopt, modify, or reject a standard, as submitted by 
                the consensus committee under paragraph (4)(A).
                    ``(B) Timing.--Not later than 12 months after the 
                date on which a standard is submitted to the Secretary 
                by the consensus committee, the Secretary shall take 
                action regarding such standard under subparagraph (C).
                    ``(C) Procedures.--If the Secretary--
                            ``(i) adopts a standard 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 should 
                        be rejected, the Secretary shall--
                                    ``(I) reject the standard; and
                                    ``(II) cause to be published in the 
                                Federal Register a notice to that 
                                effect, together with the reason or 
                                reasons for rejecting the proposed 
                                standard; or
                            ``(iii) determines that a standard 
                        recommended by the consensus committee should 
                        be modified, the Secretary shall--
                                    ``(I) cause the proposed modified 
                                standard 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 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 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 cause to 
                be published in the Federal Register a notice of the 
                failure of the Secretary to act, the revised standard, 
                and the effective date of the revised standard, which 
                notice shall be deemed to be an order of the Secretary 
                approving the revised standards proposed by the 
                consensus committee.
    ``(b) Other Orders.--
            ``(1) Regulations.--The Secretary may issue procedural and 
        enforcement regulations as necessary to implement the 
        provisions of this title. The consensus committee may submit to 
        the Secretary proposed procedural and enforcement regulations 
        and recommendations for the revision of such regulations.
            ``(2) Interpretative bulletins.--The Secretary may issue 
        interpretative bulletins to clarify the meaning of any Federal 
        manufactured home construction and safety standard or 
        procedural and enforcement regulation. The consensus committee 
        may submit to the Secretary proposed interpretative bulletins 
        to clarify the meaning of any Federal manufactured home 
        construction and safety standard or procedural and enforcement 
        regulation.
            ``(3) Review by consensus committee.--Before issuing a 
        procedural or enforcement regulation or an interpretative 
        bulletin--
                    ``(A) the Secretary shall--
                            ``(i) submit the proposed procedural or 
                        enforcement regulation or interpretative 
                        bulletin to the consensus committee; and
                            ``(ii) provide the consensus committee with 
                        a period of 120 days to submit written comments 
                        to the Secretary on the proposed procedural or 
                        enforcement regulation or the interpretative 
                        bulletin; and
                    ``(B) if the Secretary rejects any significant 
                comment provided by the consensus committee under 
                subparagraph (A), the Secretary shall provide a written 
                explanation of the reasons for the rejection to the 
                consensus committee; and
                    ``(C) following compliance with subparagraphs (A) 
                and (B), the Secretary shall--
                            ``(i) cause the proposed regulation or 
                        interpretative bulletin and the consensus 
                        committee's written comments along with the 
                        Secretary's response thereto to be published in 
                        the Federal Register; and
                            ``(ii) provide an opportunity for public 
                        comment in accordance with section 553 of title 
                        5, United States Code.
            ``(4) Required action.--The Secretary shall act on any 
        proposed regulation or interpretative bulletin submitted by the 
        consensus committee by approving or rejecting the proposal 
        within 120 days from the date the proposal is received by the 
Secretary. The Secretary shall either--
                    ``(A) approve the proposal and cause the proposed 
                regulation or interpretative bulletin to be published 
                for public comment in accordance with section 553 of 
                title 5, United States Code; or
                    ``(B) reject the proposed regulation or 
                interpretative bulletin and--
                            ``(i) provide a written explanation of the 
                        reasons for rejection to the consensus 
                        committee; and
                            ``(ii) cause the proposed regulation and 
                        the written explanation for the rejection to be 
                        published in the Federal Register.
            ``(5) Emergency orders.--If the Secretary determines, in 
        writing, that such action is necessary in order to respond to 
        an emergency which jeopardizes the public health or safety, or 
        to address an issue on which the Secretary determines that the 
        consensus committee has not made a timely recommendation, 
        following a request by the Secretary, the Secretary may issue 
        an order that is not developed under the procedures set forth 
        in subsection (a) or in this subsection, if the Secretary--
                    ``(A) provides to the consensus committee a written 
                description and sets forth the reasons why emergency 
                actions is necessary and all supporting documentation; 
                and
                    ``(B) issues and publishes the order in the Federal 
                Register.
            ``(6) Changes.--Any statement of policies, practices, or 
        procedures relating to construction and safety standards, 
        inspections, monitoring, or other enforcement activities which 
        constitutes a statement of general or particular applicability 
        and future offset and decisions to implement, interpret, or 
        prescribe law of policy by the Secretary is subject to the 
        provisions of subsection (a) or (b) of this subsection. Any 
        change adopted in violation of the provisions of subsection (a) 
        or (b) of this subsection is void.
            ``(7) Transition.--Until the date that the consensus 
        committee is appointed pursuant to section 4(a)(3), the 
        Secretary may issue proposed orders that are not developed 
        under the procedures set forth in this section for new and 
        revised standards.'';
            (2) in subsection (d), by adding at the end the following: 
        ``Federal preemption under this subsection shall be broadly and 
        liberally construed to ensure that disparate State or local 
        requirements or standards do not affect the uniformity and 
        comprehensiveness of the standards promulgated hereunder.'';
            (3) by striking subsection (e);
            (4) in subsection (f), by striking the subsection 
        designation and all of the matter that precedes 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 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: ``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. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.

    (a) In General.--Section 608(a) (42 U.S.C. 5407(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) encouraging the government sponsored housing entities 
        to actively develop and implement secondary market 
        securitization programs for FHA manufactured home loans and 
those of other loan programs, as appropriate, thereby promoting the 
availability of affordable manufactured homes to increase homeownership 
for all people in the United States; and
            ``(5) reviewing the programs for FHA manufactured home 
        loans and developing any changes to such programs to promote 
        the affordability of manufactured homes, including changes in 
        loan terms, amortization periods, regulations, and 
        procedures.''.
    (b) Definitions.--Section 608 (42 U.S.C. 5407) is amended by adding 
at the end the following new subsection:
    ``(c) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Government sponsored housing entities.--The term 
        `government sponsored housing entities' means the Government 
        National Mortgage Association of the Department of Housing and 
        Urban Development, the Federal National Mortgage Association, 
        and the Federal Home Loan Mortgage Corporation.
            ``(2) FHA manufactured home loan.--The term `FHA 
        manufactured home loan' means a loan that--
                    ``(A) is insured under title I of the National 
                Housing Act and is made for the purpose of financing 
                alterations, repairs, or improvements on or in 
                connection with an existing manufactured home, the 
                purchase of a manufactured home, the purchase of a 
                manufactured home and a lot on which to place the home, 
                or the purchase only of a lot on which to place a 
                manufactured home; or
                    ``(B) otherwise insured under the National Housing 
                Act and made for or in connection with a manufactured 
                home.''.

SEC. 8. FEES.

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

                     ``authority to establish fees

    ``Sec. 620. (a) In General.--In carrying out inspections under this 
title, in developing standards and regulations pursuant to section 604, 
and in facilitating the acceptance of the affordability and 
availability of manufactured housing within the Department, the 
Secretary may--
            ``(1) establish and collect from manufactured home 
        manufacturers such reasonable fees as may be necessary to 
        offset the expenses incurred by the Secretary in connection 
        with carrying out the responsibilities of the Secretary under 
        this title, including--
                    ``(A) conducting inspections and monitoring;
                    ``(B) providing funding to States for the 
                administration and implementation of approved State 
                plans under section 623, including reasonable funding 
                for cooperative educational and training programs 
                designed to facilitate uniform enforcement under this 
                title; these funds may be paid directly to the States 
                or may be paid or provided to any person or entity 
                designated to receive and disburse such funds by 
                cooperative agreements among participating States, 
                provided that such person or entity is not otherwise an 
                agent of the Secretary under this title;
                    ``(C) providing the funding for a noncareer 
                administrator and Federal staff personnel for the 
                manufactured housing program;
                    ``(D) administering the consensus committee as set 
                forth in section 604; and
                    ``(E) facilitating the acceptance of the quality, 
                durability, safety, and affordability of manufactured 
                housing within the Department; and
            ``(2) use any fees collected under paragraph (1) to pay 
        expenses referred to in 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) Contractors.--When using fees under this section, the 
Secretary shall ensure that separate and independent contractors are 
retained to carry out monitoring and inspection work and any other work 
that may be delegated to a contractor under this title.
    ``(c) Prohibited Use.--Fees collected under subsection (a) shall 
not be used for any purpose or activity not specifically authorized by 
this title unless such activity was already engaged in by the Secretary 
prior to the date of enactment of this title.
    ``(d) 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.
    ``(e) 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 Trust Fund' for deposit of all fees collected 
        pursuant to subsection (a). These fees shall be held in trust 
        for use only as provided in this title.
            ``(2) Appropriation.--Such fees shall be available for 
        expenditure only to the extent approved in an annual 
        appropriation Act.''.

SEC. 9. 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. 10. 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 interpretative bulletin that is published as a proposed 
rule pursuant to section 553 of title 5, United States Code, on or 
before such date.

SEC. 11. SAVINGS PROVISION.

    (a) Standards and Regulations.--The Federal manufactured home 
construction and safety standards (as such term is defined in section 
603 of the National Manufactured Housing Construction and Safety 
Standards Act of 1974) and all regulations pertaining thereto in effect 
immediately before the date of the enactment of this Act shall apply 
until the effective date of a standard or regulation modifying or 
superseding the existing standard or regulation which is 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.
    (b) Contracts.--Any contract awarded pursuant to a Request for 
Proposal issued before the date of enactment of this Act shall remain 
in effect for a period of 2 years from the date of enactment of this 
Act or for the remainder of the contract term, whichever period is 
shorter.
                                 <all>