[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1452 Engrossed in Senate (ES)]
106th CONGRESS
2d Session
S. 1452
_______________________________________________________________________
AN ACT
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; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Manufactured
Housing Improvement Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Federal manufactured home construction and safety standards.
Sec. 5. Abolishment of National Manufactured Home Advisory Council;
manufactured home installation.
Sec. 6. Public information.
Sec. 7. Research, testing, development, and training.
Sec. 8. Fees.
Sec. 9. Dispute resolution.
Sec. 10. Elimination of annual reporting requirement.
Sec. 11. Effective date.
Sec. 12. Savings provisions.
(c) 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 homeownership and rental housing accessible to all
Americans.
``(b) Purposes.--The purposes of this title 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 for manufactured homes;
``(4) to encourage innovative and cost-effective
construction techniques for manufactured homes;
``(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:
``(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 through a 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) `installation standards' means reasonable
specifications for the installation of a manufactured home, at
the place of occupancy, to ensure proper siting, the joining of
all sections of the home, and the installation of
stabilization, support, or anchoring systems;
``(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; and
``(21) `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 under this
title.''.
(b) Conforming Amendments.--The National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.)
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:
``(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 purposes of this title; and
``(iii) be performance-based and
objectively stated, unless clearly
inappropriate; 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 of 2000, 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) recommend 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
function as a single committee, and 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) 21 voting members appointed by the
Secretary, after consideration of the
recommendations of the administering
organization under paragraph (2)(A)(ii)(I),
from among individuals who are qualified by
background and experience to participate in the
work of the consensus committee; and
``(ii) 1 nonvoting member appointed by the
Secretary to represent the Secretary on the
consensus committee.
``(C) Disapproval.--The Secretary shall state, in
writing, the reasons for failing to appoint under
subparagraph (B)(i) of this paragraph any individual
recommended by the administering organization under
paragraph (2)(A)(ii)(I).
``(D) Selection procedures and requirements.--Each
member of the consensus committee shall be appointed in
accordance with selection procedures, 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) Producers.--Seven producers or
retailers of manufactured housing.
``(ii) Users.--Seven persons representing
consumer interests, such as consumer
organizations, recognized consumer leaders, and
owners who are residents of manufactured homes.
``(iii) General interest and public
officials.--Seven general interest and public
official members.
``(E) Balancing of interests.--
``(i) In general.--In order to achieve a
proper balance of interests on the consensus
committee, the Secretary, in appointing the
members of the consensus committee--
``(I) shall ensure that all
directly and materially affected
interests have the opportunity for fair
and equitable participation without
dominance by any single interest; and
``(II) may reject the appointment
of any 1 or more individuals in order
to ensure that there is not dominance
by any single interest.
``(ii) Dominance defined.--In this
subparagraph, the term `dominance' means a
position or exercise of dominant authority,
leadership, or influence by reason of superior
leverage, strength, or representation.
``(F) Additional qualifications.--
``(i) Financial independence.--An
individual appointed under subparagraph (D)(ii)
may 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.
``(ii) Post-employment ban.--An individual
appointed under clause (ii) or (iii) of
subparagraph (D) shall be subject to a ban
disallowing compensation from the manufactured
housing industry during the 1-year period
beginning on the last day of membership of that
individual on the consensus committee.
``(G) Meetings.--
``(i) Notice; open to public.--The
consensus committee shall provide advance
notice of each meeting of the consensus
committee to the Secretary and cause to be
published in the Federal Register advance
notice of each such meeting. All meetings of
the consensus committee shall be open to the
public.
``(ii) Reimbursement.--Members of the
consensus committee in attendance at meetings
of the consensus committee 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.
``(H) 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.--
``(I) In general.--Subject to
subclause (II), the Ethics in
Government Act of 1978 (5 U.S.C. App.)
shall not apply to members of the
consensus committee to the extent of
their proper participation as members
of the consensus committee.
``(II) Financial disclosure.--The
Secretary shall collect from each
member of the consensus committee the
financial information required to be
disclosed under section 102 of the
Ethics in Government Act of 1978 (5
U.S.C. App.). Notwithstanding section
552 of title 5, United States Code,
such information shall be confidential
and shall not be disclosed to any
person, unless such disclosure is
determined to be necessary by--
``(aa) the Secretary;
``(bb) the Chairman or
Ranking Member of the Committee
on Banking, Housing, and Urban
Affairs of the Senate; or
``(cc) the Chairman or
Ranking Member of the Committee
on Banking and Financial
Services of the House of
Representatives.
``(III) Prohibition on gifts from
outside sources.--
``(aa) In general.--Subject
to item (bb), an individual who
is a member of the consensus
committee may not solicit or
accept a gift of services or
property (including any
gratuity, favor, discount,
entertainment, hospitality,
loan, forbearance, or other
item having monetary value), if
the gift is solicited or given
because of the status of that
individual as a member of the
consensus committee.
``(bb) Exceptions.--The
Secretary shall by regulation
establish such exceptions to
item (aa) as the Secretary
determines to be appropriate,
which shall include an
exception for de minimus gifts.
``(I) 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.
``(J) Staff and technical support.--The
administering organization shall, upon the request of
the consensus committee--
``(i) provide reasonable staff resources to
the consensus committee; and
``(ii) furnish technical support in a
timely manner to any of the interest categories
described in subparagraph (D) represented on
the consensus committee, if--
``(I) the support is necessary to
ensure the informed participation of
the consensus committee members; and
``(II) the costs of providing the
support are reasonable.
``(K) 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 and regulations.--
``(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 regulations; and
``(ii) submit to the Secretary in the form
of a proposed rule (including an economic
analysis), any proposed revised standard or
regulation approved by a \2/3\ majority vote of
the consensus committee.
``(B) Publication of proposed revised standards and
regulations.--
``(i) Publication by secretary.--The
consensus committee shall provide a proposed
revised standard or regulation under
subparagraph (A)(ii) to the Secretary who
shall, not later than 30 days after receipt,
publish such proposed revised standard or
regulation 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 or regulation and any such comments
shall be submitted directly to the consensus
committee, without delay.
``(ii) Publication of rejected proposed
revised standards and regulations.--If the
Secretary rejects the proposed revised standard
or regulation, the Secretary shall publish in
the Federal Register the rejected proposed
revised standard or regulation, 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 or regulation 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,
publish in the Federal Register a notice of the
recommended revisions of the consensus
committee to the standards or regulations, 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.
``(iii) Publication of rejected proposed
revised standards and regulations.--If the
Secretary rejects the proposed revised standard
or regulation, the Secretary shall publish in
the Federal Register the rejected proposed
revised standard or regulation, 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 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) publish the final order in
the Federal Register;
``(ii) determines that any standard or
regulation should be rejected, 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, the Secretary
shall--
``(I) publish in the Federal
Register the proposed modified standard
or regulation, 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) with respect to a proposed revised
standard submitted by the consensus committee under paragraph
(4)(A) 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 revised standard is submitted
to the Secretary under paragraph (4)(A)--
``(A) the proposed revised standard--
``(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 publish 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 standard.
``(b) Other Orders.--
``(1) 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.
``(2) 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;
``(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) publish in the Federal Register the
proposed regulation or interpretative bulletin
and the written comments of the consensus
committee, along with the response of the
Secretary to those comments; and
``(ii) provide an opportunity for public
comment in accordance with section 553 of title
5, United States Code.
``(3) Required action.--Not later than 120 days after the
date on which the Secretary receives a proposed regulation or
interpretative bulletin submitted by the consensus committee,
the Secretary shall--
``(A) approve the proposal and publish the proposed
regulation or interpretative bulletin 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 to the consensus committee a
written explanation of the reasons for
rejection; and
``(ii) publish in the Federal Register the
proposed regulation and the written explanation
for the rejection.
``(4) Emergency orders.--If the Secretary determines, in
writing, that such action is necessary in order to respond to
an emergency that 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
action is necessary and all supporting documentation;
and
``(B) issues the order and publishes the order in
the Federal Register.
``(5) Changes.--Any statement of policies, practices, or
procedures relating to construction and safety standards,
regulations, inspections, monitoring, or other enforcement
activities that constitutes a statement of general or
particular applicability to implement, interpret, or prescribe
law or policy by the Secretary is subject to subsection (a) or
this subsection. Any change adopted in violation of subsection
(a) or this subsection is void.'';
(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 under this
section nor the Federal superintendence of the manufactured
housing industry as established by this title. Subject to
section 605, there is reserved to each State the right to
establish standards for the stabilizing and support systems of
manufactured homes sited within that State, and for the
foundations on which manufactured homes sited within that State
are installed, and the right to enforce compliance with such
standards.'';
(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;
MANUFACTURED HOME INSTALLATION.
(a) In General.--Section 605 (42 U.S.C. 5404) is amended to read as
follows:
``SEC. 605. MANUFACTURED HOME INSTALLATION.
``(a) Provision of Installation Design and Instructions.--A
manufacturer shall provide with each manufactured home, design and
instructions for the installation of the manufactured home that have
been approved by a design approval primary inspection agency.
``(b) Model Manufactured Home Installation Standards.--
``(1) Proposed model standards.--Not later than 18 months
after the date on which the initial appointments of all of the
members of the consensus committee are completed, the consensus
committee shall develop and submit to the Secretary proposed
model manufactured home installation standards, which shall be
consistent with--
``(A) the manufactured home designs that have been
approved by a design approval primary inspection
agency; and
``(B) the designs and instructions for the
installation of manufactured homes provided by
manufacturers under subsection (a).
``(2) Establishment of model standards.--Not later than 12
months after receiving the proposed model standards submitted
under paragraph (1), the Secretary shall develop and establish
model manufactured home installation standards, which shall be
consistent with--
``(A) the manufactured home designs that have been
approved by a design approval primary inspection
agency; and
``(B) the designs and instructions for the
installation of manufactured homes provided by
manufacturers under subsection (a).
``(3) Factor for consideration.--
``(A) Consensus committee.--In developing the
proposed model standards under paragraph (1), the
consensus committee shall consider the factor described
in section 604(e)(4).
``(B) Secretary.--In developing and establishing
the model standards under paragraph (2), the Secretary
shall consider the factor described in section
604(e)(4).
``(c) Manufactured Home Installation Programs.--
``(1) Protection of manufactured housing residents during
initial period.--During the 5-year period beginning on the date
of enactment of the Manufactured Housing Improvement Act of
2000, no State or manufacturer may establish or implement any
installation standards that, in the determination of the
Secretary, provide less protection to the residents of
manufactured homes than the protection provided by the
installation standards in effect with respect to the State or
manufacturer, as applicable, on the date of enactment of the
Manufactured Housing Improvement Act of 2000.
``(2) Enforcement of installation standards.--
``(A) Establishment of installation program.--Not
later than the expiration of the 5-year period
described in paragraph (1), the Secretary shall
establish an installation program that meets the
requirements of paragraph (3) for the enforcement of
installation standards in each State described in
subparagraph (B) of this paragraph.
``(B) Implementation of installation program.--
Beginning on the expiration of the 5-year period
described in paragraph (1), the Secretary shall
implement the installation program established under
subparagraph (A) in each State that does not have an
installation program established by State law that
meets the requirements of paragraph (3).
``(C) Contracting out of implementation.--In
carrying out subparagraph (B), the Secretary may
contract with an appropriate agent to implement the
installation program established under that
subparagraph, except that such agent shall not be a
person or entity other than a government, nor an
affiliate or subsidiary of such a person or entity,
that has entered into a contract with the Secretary to
implement any other regulatory program under this
title.
``(3) Requirements.--An installation program meets the
requirements of this paragraph if it is a program regulating
the installation of manufactured homes that includes--
``(A) installation standards that, in the
determination of the Secretary, provide protection to
the residents of manufactured homes that equals or
exceeds the protection provided to those residents by--
``(i) the model manufactured home
installation standards established by the
Secretary under subsection (b)(2); or
``(ii) the designs and instructions
provided by manufacturers under subsection (a),
if the Secretary determines that such designs
and instructions provide protection to the
residents of manufactured homes that equals or
exceeds the protection provided by the model
manufactured home installation standards
established by the Secretary under subsection
(b)(2);
``(B) the training and licensing of manufactured
home installers; and
``(C) inspection of the installation of
manufactured homes.''.
(b) Conforming Amendments.--Section 623(c) (42 U.S.C. 5422(c)) is
amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) by redesignating paragraph (11) as paragraph (13); and
(3) by inserting after paragraph (10) the following:
``(11) with respect to any State plan submitted on or after
the expiration of the 5-year period beginning on the date of
enactment of the Manufactured Housing Improvement Act of 2000,
provides for an installation program established by State law
that meets the requirements of section 605(c)(3);''.
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:
``(4) encouraging the government-sponsored housing entities
to actively develop and implement secondary market
securitization programs for the 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:
``(c) Definitions.--In this section:
``(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) is 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:
``SEC. 620. AUTHORITY TO COLLECT FEE.
``(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 a reasonable fee, 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, which 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 within the Department to administer the
manufactured housing program;
``(D) providing the funding for salaries and
expenses of employees of the Department to carry out
the manufactured housing program;
``(E) administering the consensus committee as set
forth in section 604; and
``(F) facilitating the acceptance of the quality,
durability, safety, and affordability of manufactured
housing within the Department; and
``(2) subject to subsection (e), use amounts from any fee
collected under paragraph (1) of this subsection to pay
expenses referred to in that paragraph, which shall be exempt
and separate from any limitations on the Department regarding
full-time equivalent positions and travel.
``(b) Contractors.--In using amounts from any fee collected 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.--No amount from any fee collected under this
section may 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 the Manufactured
Housing Improvement Act of 2000.
``(d) Modification.--Beginning on the date of enactment of the
Manufactured Housing Improvement Act of 2000, the amount of any fee
collected under this section may only be modified--
``(1) as specifically authorized in advance in an annual
appropriations Act; and
``(2) 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 amounts from any fee
collected under this section. Such amounts shall be held in
trust for use only as provided in this title.
``(2) Appropriation.--Amounts from any fee collected under
this section shall be available for expenditure only to the
extent approved in advance in an annual appropriations Act. Any
change in the expenditure of such amounts shall be specifically
authorized in advance in an annual appropriations Act.
``(3) Payments to states.--On and after the effective date
of the Manufactured Housing Improvement Act of 2000, the
Secretary shall continue to fund the States having approved
State plans in the amounts which are not less than the
allocated amounts, based on the fee distribution system in
effect on the day before such effective date.''.
SEC. 9. DISPUTE RESOLUTION.
Section 623(c) (42 U.S.C. 5422(c)) is amended--
(1) by inserting after paragraph (11) (as added by section
5(b) of this Act) the following:
``(12) with respect to any State plan submitted on or after
the expiration of the 5-year period beginning on the date of
enactment of the Manufactured Housing Improvement Act of 2000,
provides for a dispute resolution program for the timely
resolution of disputes between manufacturers, retailers, and
installers of manufactured homes regarding responsibility for
the correction or repair of defects in manufactured homes that
are reported during the 1-year period beginning on the date of
installation; and''; and
(2) by adding at the end the following:
``(g) Enforcement of Dispute Resolution Standards.--
``(1) Establishment of dispute resolution program.--Not
later than the expiration of the 5-year period beginning on the
date of enactment of the Manufactured Housing Improvement Act
of 2000, the Secretary shall establish a dispute resolution
program that meets the requirements of subsection (c)(12) for
dispute resolution in each State described in paragraph (2) of
this subsection.
``(2) Implementation of dispute resolution program.--
Beginning on the expiration of the 5-year period described in
paragraph (1), the Secretary shall implement the dispute
resolution program established under paragraph (1) in each
State that has not established a dispute resolution program
that meets the requirements of subsection (c)(12).
``(3) Contracting out of implementation.--In carrying out
paragraph (2), the Secretary may contract with an appropriate
agent to implement the dispute resolution program established
under paragraph (2), except that such agent shall not be a
person or entity other than a government, nor an affiliate or
subsidiary of such a person or entity, that has entered into a
contract with the Secretary to implement any other regulatory
program under this title.''.
SEC. 10. ELIMINATION OF ANNUAL REPORTING REQUIREMENT.
The National Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C. 5401 et seq.) 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. 11. 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 issued under the
National Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.) and published as a proposed rule pursuant
to section 553 of title 5, United States Code, on or before that date
of enactment.
SEC. 12. SAVINGS PROVISIONS.
(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
on the day before the date of enactment of this Act shall apply until
the effective date of a standard or regulation modifying or superseding
the existing standard or regulation that 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 until the earlier of--
(1) the expiration of the 2-year period beginning on the
date of enactment of this Act; or
(2) the expiration of the contract term.
Passed the Senate May 4, 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 1452
_______________________________________________________________________
AN ACT
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.
S 1452 ES----2
S 1452 ES----3
S 1452 ES----4
S 1452 ES----5