[Congressional Record Volume 146, Number 54 (Thursday, May 4, 2000)]
[Senate]
[Pages S3559-S3567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  MANUFACTURED HOUSING IMPROVEMENT ACT

  Mr. GORTON. I ask unanimous consent the Senate proceed to 
consideration of Calendar No. 517, S. 1452.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A Senate bill (S. 1452) 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 for manufactured homes.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Banking, Housing, 
and Urban Affairs, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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--

[[Page S3560]]

       (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) 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 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, 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 nonvoting member appointed by the Secretary to 
     represent the Secretary on the consensus committee.
       ``(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 
     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--

       ``(I) the administering organization in its appointments 
     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) the Secretary 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.--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.
       ``(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

[[Page S3561]]

     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) 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 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.
       ``(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

[[Page S3562]]

     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.''.

     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.

[[Page S3563]]

     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.


                           Amendment No. 3124

  Mr. GORTON. I have an amendment at the desk and I ask for its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Washington [Mr. Gorton], for Mr. Gramm and 
     Mr. Sarbanes, proposes an amendment numbered 3124.

       On page 41, line 20, strike ``appoint'' and insert 
     ``recommend''.
       On page 44, beginning on line 14, strike ``, subject to the 
     approval of the Secretary, by the administering 
     organization'' and insert ``by the Secretary, after 
     consideration of the recommendations of the administering 
     organization under paragraph (2)(A)(ii)(I),''.
       On page 44, line 23, strike ``may'' and all that follows 
     through page 45, line 2, and insert ``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)''.
       On page 46, strike lines 3 through 5 and insert the 
     following:
     sensus committee, the Secretary, in appointing the members of 
     the consensus committee--

       ``(I) shall ensure

       On page 46, line 11, strike ``the Secretary''.
       On page 48, strike lines 17 through 22, and insert the 
     following:
       ``(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.
       On page 55, line 2, insert ``with respect to a proposed 
     revised standard submitted by the consensus committee under 
     paragraph (4)(A)'' after ``paragraph (5)''.
       On page 55, line 5, strike ``proposed standard or 
     regulation'' and insert ``proposed revised standard''.
       On page 55, strike lines 7 and 8, and insert the following:
       ``(A) the proposed revised standard--
       On page 55, line 18, strike ``or regulation''.
       On page 55, line 19, strike ``or regulation''.
       On page 55, lines 21 and 22, strike ``standards or 
     regulations proposed by the consensus committee'' and insert 
     ``standard''.
       On page 71, strike line 3 and insert the following:
     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.''.

  Mr. GORTON. I ask unanimous consent the amendment be agreed to, the 
committee substitute, as amended, be agreed to, the bill be read the 
third time and passed, the motion to reconsider be laid upon the table, 
and that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3124) was agreed to.
  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 1452), as amended, was read the third time and passed, 
as follows:

                                S. 1452

       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

[[Page S3564]]

     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.--

[[Page S3565]]

       ``(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--

[[Page S3566]]

       ``(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,

[[Page S3567]]

     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.

                          ____________________