[Congressional Record Volume 147, Number 86 (Wednesday, June 20, 2001)]
[House]
[Pages H3265-H3267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      MAKING TECHNICAL CORRECTIONS TO MANUFACTURED HOUSING PROGRAM

  Mrs. ROUKEMA. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read 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

[[Page H3266]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Jersey (Mrs. Roukema) and the gentleman from Missouri (Mr. Clay) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Jersey (Mrs. Roukema).


                             General Leave

  Mrs. ROUKEMA. Mr. Speaker, I ask unanimous consent that Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on S. 1029, the Senate bill presently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Jersey?
  There was no objection.
  Mrs. ROUKEMA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 1029 is a technical correction to last year's 
Manufactured Housing Improvement Act. This bill authorizes HUD, the 
Housing and Urban Development Department, to continue operating its 
manufactured housing program with its fees collected through the 
program until Congress enacts appropriations for the Department for the 
year 2002.
  Mr. Speaker, S. 1029, and I want everyone to hear this and understand 
it, S. 1029 was passed in the other House on June 13 by unanimous 
consent. Last year, in a bipartisan effort, Congress passed the 
American Home Ownership and Economic Opportunity Act of 2000, and it 
was title 6 of that law that is the Manufactured Housing Improvement 
Act.
  Until last year, HUD's manufactured housing program operated under a 
permanent indefinite appropriation, with the fees collected from the 
manufactured funding program. The Manufactured Housing Improvement Act 
was the result of extensive bipartisan negotiations with industry and 
consumer groups, all of whom supported the final product.
  The legislation passed by unanimous consent in both the House and 
Senate, but that is the past. What today is about is about closing an 
inadvertent loophole in the law. 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 over the program, the new law made the spending of the fees 
subject to the annual appropriations process. Again, it was agreed to 
unanimously.
  The change in operating authority occurred after the approval of 
HUD's 2001 Appropriations Act. Therefore, this legislation that we have 
before us today is necessary.
  Based on both the specific mandates in the Manufactured Housing 
Improvement Act and the statutory purposes of the program, it is clear 
that Congress intended these fees to be available to pay expenses for 
authorized program activities during the remainder of this current 
fiscal year. That is what this legislation is about. The legislation 
here today makes the necessary technical corrections to allow that 
appropriations continuation, and it is S. 1029, the bill that was 
enacted last year.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this legislation to provide a 
technical clarification of the bill enacted last December to reform 
HUD's regulation of manufactured housing.
  Last year, we labored mightily and successfully to enact long overdue 
changes to HUD's regulation of manufactured housing. That legislation 
strengthened consumer protections by authorizing national manufactured 
housing installation standards and by creating a process for dispute 
resolution to deal with manufactured housing defects.
  It also streamlined and updated the regulatory process. HUD 
regulation of manufactured housing is funded through fees levied on the 
industry. As part of last year's reform bill, we made HUD's use of such 
fees for regulatory purposes subject to appropriations in advance. The 
purpose of this was to enhance oversight of HUD regulation.
  However, due to negotiations on other issues, this authorizing 
legislation was not able to be enacted until December of last year, 
after the VA-HUD appropriations bill for the current fiscal year.
  Thus, a technical reading of this authorizing legislation might 
preclude the ability of HUD to use fees collected after December 27 of 
last year for HUD regulation of manufactured housing until an 
appropriations bill is enacted for the next fiscal year starting 
October 1.
  This potentially puts in jeopardy critical regulatory activities over 
the next few months. This was never the intent of the authorizing 
legislation. Therefore, the bill before us today, which passed the 
Senate by unanimous consent, would simply authorize HUD to use 
manufactured housing fees collected after December 27, 2000, for 
manufactured housing regulation, but only until such time as next 
year's VA-HUD appropriation bill is enacted.
  This allows HUD to continue important manufactured housing regulatory 
activities while remaining true to the intent of the authorizing 
legislation to subject such fees in the future to the appropriations 
process for oversight purposes. I therefore urge support for this 
noncontroversial legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. ROUKEMA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to acknowledge the statement of my colleague, the 
gentleman from Missouri (Mr. Clay), and stress for all Members here 
that he and I have both concurred on the strong bipartisan, undivided 
bipartisan support of this technical correction.
  Mr. ROEMER. Mr. Speaker, as a long-time advocate and co-sponsor of 
the Manufactured Housing Improvement Act, I rise in support of this 
bill today. S. 1029 makes a very important technical correction that 
effectively prevents the Department of Housing and Urban Development's 
manufactured housing program from being unintentionally de-funded.
  Last year, Congress finally enacted important reforms to the federal 
government's manufactured housing program as part of the Manufactured 
Housing Improvement Act. That program, administered by the Department 
of Housing and Urban Development, is financed through fees collected 
from the manufactured housing industry. Prior to last year's reforms, 
HUD was authorized to spend these collected funds at its own 
discretion. However, the new law made this spending subject to 
appropriations.
  Since the new manufactured housing law was passed after the FY 2001 
VA-HUD Appropriations Act had been signed into law, OMB determined that 
the appropriations measure did not include any provisions addressing 
HUD's use of collected manufactured housing fees. Consequently, HUD has 
continued collecting the fees but is unable to spend any of the funds 
it has collected since the manufactured housing reforms were enacted in 
late December. Without authority to spend those funds, HUD has 
indicated that it may be forced to shut down its program soon.
  S. 1029 authorizes HUD to continue operating its manufactured housing 
program with fees it collects through the program until Congress enacts 
a FY 2002 appropriation for the department. it corrects a technical 
problem that was unintended by Congress, and will allow business to 
proceed as usual.
  The manufactured housing industry is extremely important to my 
district and the nation as one of the leading methods of providing 
Americans with affordable homeownership opportunities. I was pleased to 
see the other body pass this measure so expediently, and am pleased the 
House followed suit today.
  Mr. CLAY. Mr. Speaker, I yield back the balance of my time.
  Mrs. ROUKEMA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Jersey (Mrs. Roukema) that the House suspend the 
rules and pass the Senate bill, S. 1029.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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