[Congressional Record Volume 147, Number 82 (Wednesday, June 13, 2001)]
[Senate]
[Page S6236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT OF 
                           1974 CLARIFICATION

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of S. 1029, introduced earlier today by 
Senators Sarbanes, Gramm, Reed of Rhode Island, Shelby, Schumer, 
Allard, Bayh, Enzi, Johnson, Mikulski, and Bond.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1029) to clarify the authority of the Department 
     of Housing and Urban Development with respect to the use of 
     fees during fiscal year 2001 for the manufactured housing 
     program.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SARBANES. Mr. President, this is a technical correction to last 
year's Manufactured Housing Improvement Act. I ask for its immediate 
approval. This legislation is being cosponsored by Senators Gramm, 
Reed, Shelby, Allard, Bayh, Enzi, Schumer, and Bond.
  Last year, in a bipartisan effort, Congress passed the ``American 
Homeownership and Economic Opportunity Act of 2000.'' Title VI of that 
law is the ``Manufactured Housing Improvement Act'' originally 
introduced by Senators Shelby, Bayh, Johnson, and others. Unfortunately 
due to a technical problem with the law, the manufactured housing 
program, run by HUD, may be forced to shut down as early as next week.
  Last year's legislation was the result of extensive bipartisan 
negotiations, and negotiations with industry and consumer groups, all 
of whom supported the final product. The legislation passed by 
unanimous consent in both the Senate and the House. The new law enacted 
is a long-overdue and significant streamlining and reform of the 
manufactured housing program. It also provides expanded consumer 
protections, improved safety requirements, and a process that allows 
for faster updating of regulations.
  The manufactured housing program is funded through fees HUD levies on 
the industry. Prior to the new Act, HUD could spend those funds as 
needed. However, to maintain better oversight of the program, the new 
law made the spending of the fees subject to appropriations.
  Unfortunately, the Manufactured Housing Improvement Act passed after 
the VA-HUD appropriations bill, so the appropriators could make no 
provision for the spending of the funds HUD has collected since the 
Manufactured Housing Improvement Act passed on December 27, 2000.
  As a result, HUD has continued to collect the fees, but it is unable 
to spend them without specific authorization in an appropriations bill 
to do so. Clearly it was not our intent for this to happen. The 
legislation my colleagues and I are introducing today will allow HUD to 
continue to run the program until the next VA-HUD Appropriations bill 
passes. I also want to be clear that these funds are subject to all 
other requirements contained in the National Housing Construction and 
Safety Standards Act of 1974.
  I ask that it be passed.
  Mr. REID. Mr. President, I ask unanimous consent the bill be read 
three times and passed, the motion to reconsider be laid upon the 
table, and that any statement relating thereto be printed in the 
Record, with no intervening action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1029) was read the third time and passed, as follows:

                                S. 1029

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

     SECTION 1. MANUFACTURED HOUSING.

       (a) Availability of Fees.--Notwithstanding section 
     620(e)(2) of the National Manufactured Housing Construction 
     and Safety Standards Act of 1974 (42 U.S.C. 5419(e)(2)), any 
     fees collected under that Act, including any fees collected 
     before the date of enactment of the American Homeownership 
     and Economic Opportunity Act of 2000 (12 U.S.C. 1701 note) 
     and remaining unobligated on the date of enactment of this 
     Act, shall be available for expenditure to offset the 
     expenses incurred by the Secretary under the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974 (42 U.S.C. 5401 et seq.), otherwise in accordance with 
     section 620 of that Act.
       (b) Duration.--The authority for the use of fees provided 
     for in subsection (a) shall remain in effect during the 
     period beginning in fiscal year 2001 and ending on the 
     effective date of the first appropriations Act referred to in 
     section 620(e)(2) of the National Manufactured Housing 
     Construction and Safety Standards Act of 1974 (42 U.S.C. 
     5419(e)(2)) that is enacted with respect to a fiscal year 
     after fiscal year 2001.

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